Edel v. McKenzie

The opinion of the court was delivered by

Harvey, J.:

This is an action in replevin. A demurrer was sustained to plaintiff’s evidence, judgment was rendered for defendant for the return of the property or for its value in lieu of such return, and plaintiff has appealed.

In May, 1920, the plaintiff sold to Ray Shearer the tools and shop machinery in a certain blacksmith shop and garage at Long Island, Kan., and in payment thereof Shearer gave plaintiff his note for $800 and a mortgage upon the property. Shearer operated the blacksmith shop and garage for about nine months and within that time…