21 Ind. App. 333 | Ind. Ct. App. | 1899
The appellant was the plaintiff in the court below, and instituted this action against the appellee Ulysses G. Oder on the 5th day of May, 1896, to obtain possession, under a writ of replevin, of a small stock of groceries belonging to Oder, upon
Appellee Oder seeks to avoid the mortgage because appellant failed to deliver the $50 worth of goods, claiming that appellant’s action in that behalf was fraudulent. The facts, as shown by the evidence, are substantially as follows: Oder, who was running a grocery in November, 1895, had been found to be indebted to Krag-Reynolds Company in the sum of $197, and they declined to give him further credit; and from that time on he paid cash for whatever he