State v. Powell

The opinion of the court was delivered by

Dawson, J.:

This is an appeal from a judgment which condemned as a nuisance an automobile owned by Charles Powell and covered by a recorded chattel mortgage held by the General- Motors Company and the Payne Motor Company as mortgagees.

Defendant Powell was arrested and his car seized. He was tried but acquitted of charges of having intoxicating liquor in his possession and of illegally transporting it in his automobile.

On the proceeding to confiscate the car, the mortgagees were permitted to interplead, and they set up their recorded chattel mortgage and…