State Bank v. Abbott

The opinion of the court was delivered by

Johnston, C. J.:

This was replevin to obtain possession of seventeen cows and steers of the alleged value of $740, which plaintiff claimed by virtue of a chattel mortgage executed by E. D. Hill. Defendant contended that Hill did not own the cattle in controversy when the plaintiff’s mortgage was made, and that they were not included or intended to be included in the mortgage. The jury found that defendant did not wrongfully detain the cattle replevined by the plaintiff, and further, that the cattle taken from and not returned to defendant were of the…