Anchor Milling Co. v. Walsh

Thompson, J.,

delivered the opinion of the court. •

This was an action of replevin for certain mules, harness, and wagons. The plaintiff ’ s claim of title depended upon two instruments: 1. A bill of sale intended as a mortgage; 2. A mortgage made by the defendant to certain third persons, and by the latter assigned to the plaintiff. The plaintiff had a verdict and judgment for the property embraced in the second of these instruments, and as to that part of the judgment there is no controversy. In respect of the property mentioned in the bill of sale, the defendant had a verdict and judgment in…