Brown v. Jones

Fred Jones brought action in replevin to recover possession of an automobile for purpose of foreclosure under chattel mortgage. The action was instituted on April 29, 1940. After obtaining possession under writ of re-plevin, and on May 9, 1940, an amended petition was filed in which it was alleged that the note and mortgage had theretofore been assigned to another, and had then been reassigned to plaintiff. Judgment was for plaintiff, and defendant appeals.

It is contended that the trial court erred in striking defendant’s cross-petition. Therein defendant asserted that plaintiff, in inducing…