Weiland v. Townsend

Plaintiff instituted this action in claim and delivery to recover possession of an. automobile. Defendant demurred to the complaint upon the ground that the same did not state facts sufficient to constitute a cause of action, and from an order overruling- his demurrer has appealed.

Respondent in his complaint predicated his right to possession of the automobile upon the fact that appellant had executed and delivered to one Siberz a chattel mortgage upon said' automobile, which mortgage and the indebtedness thereby, secured had been assigned to respondent, and that there was default in the…