Swinson v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Johnston, C. J.;

This was an action by F. F. Swinson to recover an automobile from the Atchison, Topeka & Santa Fe Railway Company, in which the plaintiff prevailed, and on this appeal the company is contending that the judgment is erroneous.

It appears that on March 20, 1919, P. G. Parker, of Pratt county, was the owner of the automobile, and on that date executed a mortgage thereon to F. F. Swinson to secure an indebtedness- to him of $300, and upon the same day the mortgage was duly filed for record. It contained the ordinary stipulation giving the…