Frickenschmidt v. Garner

August Frickenschmidt, defendant in an action in, the.district court of Garfield county, Okla., appeals to this court from a judgment of said court sustaining the demurrer of Harry Garner, plaintiff to the. evidence. The parties will be referred to as they appeared in the trial court.

Plaintiff instituted said action for the re-plevin of certain livestock the possession of which he claimed under a chattel mortgage given by defendant. The; answer of the defendant was quite lengthy and included a number of defenses. It is clear that one defense he pleaded was the right to rescind the contract…