American Oil & Refining Co. v. Liberty-Texas Oil Co.

The opinion of the court was delivered by

Porter, J.:

The defendants appeal from an order overruling their motion for a new trial.

The plaintiff held a mortgage on personal property consisting of machinery and tools used in drilling oil wells. The action, which was begun October 20, 1920, was in replevin to recover the property, and alleged a special interest in the plaintiff as mortgagee. The defendants gave a redelivery bond and retained possession. The answer was a general denial. The case was not reached at the January, 1921, term, and was set down a second time for trial on April 7. At that…