Hawks v. Pritzlaff

The following opinion was filed November 10, 1880:

ORTOK, J.

The appellant predicates his right to the property in controversy upon a common -law assignment executed by one William A. Hogg to him, February 6, 1880, for the benefit of creditors. The respondent claims it by virtue of a bill of sale, absolute in its terms, executed to him by said Hogg, May 7, 1879, but which was intended to operate as a chattel mortgage to secure certain indebtedness of said Hogg *161to Rim, a considerable portion, of which remains due and unpaid. The property remained in the possession of Hogg until the appellant…