Union Bank v. Monroe County Bank

CARR, Judge.

This is a suit in detinue by The Monroe County Bank against The Union Bank. The property involved is a 1942 Dodge pickup truck. In the court below there was a verdict and judgment in favor of the plaintiff. This appeal followed.

There is scarcely any dispute in the evidence.

The plaintiff below relied on an unpaid mortgage on the truck. The instrument bears date of March 29, 1947, and was signed: “Clyde T. Stacey.” It was duly recorded on April 8, 1947.

The defendant below rested its claim for the property upon a subsequently executed mortgage on the same truck. This instrument is…