40 Minn. 207 | Minn. | 1889
Action of claim and delivery, the plaintiff alleging in his complaint ownership and right of possession, April 29, 1885, of “three red oxen, five years old, and one black ox, five years old,” and that defendants on said day unlawfully took and thereafter unjustly detained the same. By the answer plaintiff’s title and right to possess the cattle were put in issue, and upon the trial a verdict was had for defendants. To maintain his claim to the cattle, plaintiff introduced in evidence an alleged copy of a chattel mortgage, executed by one Henry Eaymond to him, bearing date January 3, 1885, in which were described, with a large number of other cattle, 10 oxen, among them “one red, five years old, two red, five years old,” and “one black, five years old,” said property being in the mortgagor’s possession in the town of Mitchell,- Wilkin county, Minn. The note described in the mortgage, bearing the same date, and due in seven
Order affirmed.
JSTote. — A motion for reargument of this case was denied April 3, 1889.