Cleveland Auto Top & Trimming Co. v. American Finance Co.

The plaintiff in error contends that replevin does not lie in favor of the chattel mortgagee against an artisan with a valid common-law lien. Its argument is that replevin is a proceeding on behalf of the owner for recovering possession of his own, and since the gist of the action is the right to possession, the artisan who has a right to possession under his common-law lien cannot be forced to surrender possession in the replevin action. Moreover, it claims that the artisan's lien is cut off if replevin lies.

We do not agree with this contention. If the chattel mortgagee in a replevin action…