Ruppert v. Zang

The opinion of the court was delivered by

Pitney, J.

This was an action of replevin, in which the District Court rendered judgment in favor of the defendant. *217The subject of the. action was a wagon, detained by the defendant under claim of an artificer’s lien.

The facts are as follows: In July, 1903, the wagon was owned by one Hintze, who carried on a beer-bottling business. He gave a chattel mortgage upon the wagon to the plaintiff, Ruppert. The mortgage was promptly recorded. The mortgagor was permitted to retain possession of the wagon, and continued to use it in his business. In September,…