International Harvester Co. v. Threlkeld

Action in replevin, under a chattel mortgage, to recover possession of a farm tractor and tractor-plow, because of default in the payment of the debt secured by the chattel mortgage.

Under the writ the sheriff took possession of the property, whereupon defendants gave a forthcoming bond,, and, under it, the defendant Threlkeld obtained possession and has had the use of the property ever since.

A jury was waived and, the case was tried by the court. Special findings of fact and conclusions of law were made, after which judgment was rendered for defendants. Plaintiff has duly appealed.

The defense…