Sanders v. Milford Auto Co.

This is an appeal by the plaintiff from a judgment rendered against him by default in favor of intervener.

On September 29, 1921, plaintiff commenced the action in claim and delivery against defendant to recover the possession of an automobile. By virtue of an affidavit, order, and undertaking, the sheriff took the automobile from the defendant, and in due time delivered it to the plaintiff. Thereafter, and on February 1, 1922, E. W. Clay, with the permission of the court, filed a complaint in intervention in the action, wherein he claimed the right of possession of the automobile and prayed…