Hafner v. United States Fidelity & Guaranty Co.

— A Hudson automobile, the property of the respondent, Mary Hafner, was feloniously taken from her possession by a third person, and was, on October 4,1920, sold by such third person to appellant *671P. P. Fitzpatrick. The respondent sued in replevin to recover the automobile, and took possession of it under a replevin bond on October 21, 1920. On October 23, 1920, the appellant Fitzpatrick retook its possession under a redelivery bond, which, so far as material, reads:

“Whereas the above named Mary Hafner as plaintiff in the above entitled cause has filed her affidavit and bond in replevin in the…