Poteet v. Simmons

The opinion of the court was delivered by

Wertz, J.:

This action in replevin was commenced by plaintiffs B. H. Poteet and the Superior Insurance Company, a corporation, against defendant Charles Simmons. Plaintiffs allege in their petition as amended' against defendant Simmons that B. H. Poteet is the owner and entitled to immediate possession of a 1949 Mercury automobile (describing same) and that plaintiff Superior Insurance Company has a special ownership or interest in the vehicle by reason of payment to plaintiff Poteet of the value of the vehicle under its policy of theft insurance…