52 Ark. 433 | Ark. | 1889
The court erred, therefore, in instructing the jury that John McMahon could in any event recover the property in dispute upon the faith of the mortgage executed to Thomas E. McMahon.
If John McMahon was the bailee of the property, or had a special interest in it, as he testified, he could maintain an action in his own name against one who wrongfully deprived him of the possession. Bliss Code Pl., sup. But the evidence was conflicting upon that phase of the case, and we cannot disregard the error pointed out.
Reverse the judgment and remand the cause for a new trial in accordance with this opinion.