Howard v. First National Bank

Opinion by

Strang, C.:

Action for damages, for the conversion of certain sheep, begun by the plaintiff below in the *550district court of Harvey county, February 18,1886. Plaintiff’s right to recover was based upon a chattel mortgage covering the sheep, and which had become absolute, and an unsuccessful demand of the defendants below for the possession of said sheep. The defendants answered: 1st, general denial; 2d, possession of the sheep under other and prior mortgages, and 3d, an agister’s lieu. To which plaintiff replied : 1st, general denial; 2d, want of consideration and fraud in the mortgage…