Merryman v. Parker

Opinion of the Court by

Van Sant, Commissioner

—-Reversing.

Appellee filed this claim and delivery action seeking to be declared the owner and entitled to the immediate possession of a certain automobile allegedly wrongfully withheld from her by appellant. By answer and counterclaim, appellant entered a general denial, and affirmatively alleged that, as executrix of her husband’s estate, she was the owner of the automobile, by reason of a bill of sale executed to appellant’s decedent by appellee and duly recorded in the office of the Clerk of the Payette County Court. She filed the bill of sale…