Friyer v. McNaughton

Mead was the owner of certain personal property, including the horse in question, and some wheat, upon which property he gave a chattel mortgage to Watson. Subsequently, McNaughton, the defendant, levied an execution upon this and other horses belonging to Mead, and sold them upon the execution. The property was sold to Mead’s wife, who did not pay for it, but mortgaged the property to McNaughton for the price, and took possession. Watson subsequently took the property by replevin, and, after giving the requisite notice, the property was sold upon the mortgage, being bid in by Watson, who…