Cary Co. v. Whiting Hyer

— This is an action in replevin, involving possession of an automobile. The declaration is in the usual form, and to it the defendant interposed a plea of “not guilty, ’ ’ and a further plea that the plaintiff was not .the owner, nor entitled to the possession of the automobile.

The automobile in question was originally purchased in January, 1920, by T. H. Lacey, from a dealer in automobiles, under what is conceded to be a conditional sales contract, by the terms of which title remained in the dealer until payment of the purchase price. In November, 1920, the sum of $392.00 remained unpaid oil…