
    Elmer D. Jencks, plaintiff in error, v. Israel Smith, defendant in error.
    
      Judgment of the Supreme Court reversed, and that of the Common Pleas affirmed.
    
    Henry G. Wheaton, for plaintiff in error,
    Wm. J. Hough, for defendant in error.
   This was an action of trespass, brought before a justice of the peace, by Smith against Jencks, for taking a quantity of hay, which Jencks claimed by virtue of a chattel mortgage. The questions were, as to the hen of the mortgage—being given upon the grass when growing. And whether the mortgage was properly executed. (Reported 1 Comst. 90.)  