First National Bank v. La Fayette Farm Machinery Co.

MERRILL, Justice.

Appellee filed a suit in detinue against one Billy Lamb to recover one International truck. The sheriff took the truck into his possession under the writ. The appellant, the First National Bank of Opelika, interposed a claim based on a recorded mortgage and filed a bond in the amount of $4,000, payable to appellee, and the truck was delivered to appellant under the provisions of Tit. 7, § 932, Code 1940, and was in its possession at the time of the trial.

The claim suit was tried without the intervention of a jury and the court entered the following judgment:

“It is therefore,…