Bailey v. Commerce Union Bank

This is an action in replevin brought by the appellee to recover possession of a house trailer. The trailer was originally sold by the "Wiley Trailer Market to Paul C. Thompson, the seller retaining title to the vehicle. By subsequent assignments the seller’s contract has passed to the appellee and the purchaser’s interest has passed to the appellant. The complaint alleges that the unpaid balance of the purchase price amounts to $4,736.06.

The defendant first filed a motion to- transfer the cause to equity, upon the ground that usury would be pleaded as a defense. Before the court acted upon…