Campbell v. Quackenbush

Cooley, Cir. J:

• The controversy hero relates to the title of a span of horses. The defendant in error claims them by virtue of a chattel mortgage given by Harvey Campbell, the husband of the plaintiff in error. Harvey Campbell lived with his wife on her farm, and the horses were there, and in use. Quaclconbush, claiming that a breach had occurred in the condition of the mortgage, replevied the horses without previously making any demand for them. The court below held that no demand was necessary.

We think this was erroneous. The horses were rightfully on the farm, and Mrs. Campbell, who was…