Humphreys Savings Bank v. Carpenter and Hart

This is an action to replevy an automobile. The cause was tried before the court without the aid of a jury. At the close of plaintiff’s evidence the court sustained defendant’s demurrer to the evidence and plaintiff has appealed.

The facts show that one Z. G. Beck on August 28, 1920, gave to the defendant Carpenter a chattel mortgage on the automobile in question. This mortgage was introduced in evidence and purported to secure the payment of two notes aggregating $900. This was a purchase money mortgage. It was not recorded in the county where Beck resided until October 22, 1920, which was…