Guaranty Security Corp. v. Brophy

By the Court.

This is an action of replevin by the mortgagee of an automobile against its purchaser at a sale duly made by order of court upon a petition by one Shapiro to enforce his lien for necessary repairs made at the request of the mortgagor, who retained use and possession. The plaintiff had full knowledge of the filing of the petition to enforce the lien but was not made a party to it. The automobile was taken from the defendant in June, 1921, by virtue of the present action.

The case was submitted upon a “statement of agreed facts,” summarized above, which provided also that they were…