Fein v. Meier

The opinion of the court was delivered by

Dixon, J.

This was an action of replevin brought by a mortgagor to recover certain animals which the defendant, as mortgagee, had seized under his mortgage. The mortgage was dated May 21st, 1902, and was given to secure payment of $565, payable in monthly installments of $50 each, beginning June 15th, 1902. It gave the mortgagee the right to take the cattle and sell them in case of default in payment. The defendant seized the cattle on September 17th, 1902, and the principal controversy at the trial arose on the question whether the installments then…