Buckley v. Thornton

Opinion.

Cooper, O. J.:

The plaintiff, by his own testimony, showed that a part of the debt secured by the deed of trust was unpaid, and this being true, he could not recover the property from the trustee.

The judgment is affirmed.

maintain replevin the plaintiff must have the right to the immediate possession of the property sued for. Fritzell V. White, 5 Cush. 198; Lloyd v. Goodwin, 12 S. & M. 223.