Rogers v. Davis

This is an action in replevin begun before a justice of tbe peace in La Pont township, New Madrid county, Missouri, to recover tbe possession of a mare and damages for tbe alleged wrongful detention thereof by defendant. Plaintiff prevailed below, and tbe case is here upon defendant’s appeal.

One Brown purchased the mare in controversy with funds borrowed from one Hawkins, to whom be was otherwise indebted, and to secure tbe entire indebtedness executed to tbe latter a chattel mortgage upon tbe mare and certain other personalty. Tbe mortgage was duly recorded. Thereafter Brown traded tbe mare…