Barrett v. Hurd

The opinion of the court was delivered by

Smith, J.:

This was an action of replevin for an automobile. Judgment was for defendant. Plaintiff appeals.

The petition alleged the execution of a note and the giving of a mortgage on the automobile in question by Charles Wettig. It further alleged the failure of Wettig to pay the note and the special ownership of plaintiff in the automobile. The petition further alleged that defendant was in possession of the automobile and refused to deliver it to plaintiff on demand.

The answer was a general denial.

At the trial the court held the burden of proof was…