Knight v. Bennett

The opinion of the Court was delivered by

Mr. Justice Watts.

The appellant states the case thus:

“The respondent, Knight, gave the appellant, Bennett, a chattel mortgage upon five mules prior to the commencement of this action. This mortgage being in default, the appellant took possession of the five mules. Discovering that two of the mules were covered by a prior mortgage, the appellant released these, and retained possession of the other three. Then the respondent brought this action, in form a claim and delivery, for the possession of these three mules, or the value thereof with damages. The…