Coffman v. Walton

— This is an action of replevin, which being decided below for defendant on trial without a jury, plaintiff appeals.

One Darr gave to plaintiff a chattel mortgage on some cattle to secure a note of $730, Darr remaining in possession. Darr afterwards sold the cattle to defendant, and plaintiff instituted this action of replevin and depends upon his mortgage to sustain him. Defendant bought the cattle without actual knowledge of the mortgage; it was, however, duly recorded. Defendant’s defense is that plaintiff authorized Darr, generally, to sell the cattle, and that after the sale was made to…