Tingley v. Smith

This appeal is by sureties to reverse the judgment of the trial court entered against them on a replevin bond.

As is usual in such a case, there were two lawsuits involved; the first one being the replevin action itself, and the second being the present action, on the bond filed by the former .plaintiff when he instituted the replevin action.

Fred Gantz was the mortgagee of certain personal property owned by H. G. Smith and Glen Smith. Alleging default in the mortgage, by reason of which he was entitled to possession of the mortgaged property for the purpose of foreclosing the mortgage, he…