McClendon v. Kennedy

PHELPS, J..

This was an action in re-plevin, filed originally in a justice of the peace court for the purpose of enabling the plaintiff to foreclose her chattel mortgage on defendant’s truck. Two brothers of the defendant, through defendant’s attorney, filed a plea in intervention wherein they asserted an alleged prior mortgage, by virtue of which they claimed the right to possession. The justice of the peace held for plaintiff, and against the defendant and interveners. An appeal was taken to the court of common pleas, where, upon trial de novo, the same result was reached, and the defendant…