¶1This is an action to recover a mule, and from a judgment in favor of the interpleader, Cheek, the plaintiff appeals. The plaintiff claims under a mortgage executed by Hiram Jones, and the interpleader by purchase from the same party, and the real controversy is one of fact as to whether the mule bought is the one described in the mortgage.
¶2This has been settled against the plaintiff by the verdict, and we find no error in the trial justifying a reversal of the judgment.
¶3No error.