Appeal from Platte Circuit Court, Hon. Geo. W. Dunn, , Judge.

Statement of case by the court.

This action is explained by tbe terms of the follow- . ing petition :

“Plaintiff states that Rufus Maget died in Platte county, Missouri, on the--day of---, 1884; and on the-day of July, 1884, plaintiff was appointed his administrator by the probate court of Platte county, Missouri, and duly qualified as such by giving bond, etc., as required by law.

“ That among the assets of said estate, inventoried to plaintiff as such administrator, was a note of defendants 1). K. Furber and to M. J. Furber, for one thousand and eighty dollars, due said estate, dated November 20,1883, and due in twelve months from date, bearing eight per cent, interest from date.

“That on the twenty-third day of December, 1884, said D. K. Furber made, executed, and delivered his certain chattel mortgage, M. J. Fuber, recorded on the same day in the office of the recorder of deeds of Platte county, in chattel mortgage book number sixteen, page four hundred and fifty-seven (a copy of which mortgage is herewith filed), by which he conveyed to said M. J. Furber, among other property, eleven calves and one two year old heifer, for the purpose of securing her as his security on said note, and empowering her, in case of the default of the payment of said note, to sell said above described property at public auction and apply the proceeds to the payment of said note.

“That said note is past due, and plaintiff, at the March term, 1885, of the Platte circuit court, obtained judgment thereon, against said D. K. Furber and Martha J. Furber for the sum of one hundred and ninety-five dollars and costs of suit.

“That said defendants D. K. Furber and M. J. Furber have wrongfully and fraudulently disposed of said property, above described, to the defendant Haden L. Leavel, in payment of a debt due said Leavel by them, and that no part of the proceeds of said property has been applied to the payment of said note or judgment, and that the said M. J. Furber, on the fourth day of April, 1885, illegally and fraudulently entered satisfaction of said mortgage as to said property.

“That D. K. Furber is insolvent.

“ Plaintiff prays the court to render a decree herein, subrogating him to all the rights and powers of the said M. J. Furber, as the mortgagee in said mortgage, to declare the said M. J. Furber a trustee therein as to the property for the use and benefit of plaintiff, to declare the disposal of said property to said Leavel and the satisfaction of the mortgage therefor as null and void, for the appointment of a receiver to take charge of and sell said property and apply the proceeds thereof to the payment of the judgment of plaintiff as above, and for all such other and further relief as to equity and good conscience may belong.”

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