Chandler v. . Marshall

Tbis is an action in claim and delivery, instituted by plaintiffs to recover, as mortgagees or by virtue of an unregistered retained-title contract, tbe possession of a pair of mules, sold by plaintiffs to one George Burnett, now deceased. On tbe trial, defendant contended that be bad purchased tbe mules from George Burnett, for value and without notice of tbe plaintiffs’ lien, and gave evidence to tbis effect.

Over objection, tbe plaintiffs were allowed to offer tbe testimony of two witnesses, tending to show wbat George Burnett bad said to them on different occasions, and subsequent to tbe…