Citizens Bank v. Mergenthaler Linotype Co.

The appellee filed this action in replevin to recover possession of two linotype machines. Answer, counterclaim, and set-off were filed by appellant. The pleadings presented the issue as to the ownership of the property. The appellant claimed ownership through a sheriff’s deed executed upon a mortgage foreclosure sale. The appellee claimed ownership by virtue of conditional sales contracts wherein it sold the linotypes, one to John F. Mitchell in 1925 and the other to the Wm. Mitchell Printing Company in 1929. The issue before the court was whether the linotypes were personal property or…