Secrest v. Wood

Opinion by

RAT, C.

The question here is. Can the mortgagee, after maturity of the mortgage indebtedness, maintain an action of replevin for possession of the mortgaged property against the surviving wife of the deceased mortgagor, where no executor or administrator has been appointed?

May 14, 1917, .T, C. Wood mortgaged one cow and calf t.o Henry Secrest to secure the payment of two notes of $12.50 each, due June 14 and July 14, 1917, respectively. Thereafter Mrs. Wood left Wagoner county, where all the parties at the time resided, and removed the mortgaged property into Muskogee county in…