Rocky Mountain Seed Co. v. McArthur

On application for supersedeas.

Plaintiff in error was defendant, defendant in error plaintiff, in an action of replevin involving the possession of an automobile. Judgment was for the plaintiff below.

The plaintiff in the action claimed to be entitled to possession of the car under a chattel mortgage given by one W. C. Scott. The defendant below had caused the car to be taken in execution upon a judgment in its favor against Scott, and to be sold at constable’s sale.

It appears from the pleadings and the evidence that the note secured by the chattel mortgage was originally due December 1, 1926.…