New Brunswick Motor Truck Sales, Inc. v. Scott

The opinion of the court was delivered by

Parker, J.

The suit is in replevin, by a chattel mortgagee who claims to have seized and sold the chattels and bought in at the sale. Defendant is a purchaser of the same chattels (five automobile trucks) at another sale to satisfy garage keeper’s liens. The meritorious question decided below was, which was the better title. Coupled with that, on this appeal, are certain questions of procedure.

The Court of Common Pleas, on cross-motions to strike out the complaint and the answer, held, in a careful opinion, that on the ex parte affidavits considered, it…