Commonwealth Loan Co. v. Downtown Lincoln Mercury Co.

This is an appeal on a question of law from a' judgment in a replevin action in the Municipal Oourt of Cincinnati, wherein it was found that the right of possession to a certain 1957 Mercury automobile was in the Commonwealth Loan Company, plaintiff below.

The sole assignment of error is whether the right to possession was in the holder of a mortgage on the chattel, the plaintiff loan company, or in the holder of an artisan’s lien on the same chattel, the defendant garage. The facts are not in controversy, each party having a lawful lien on the chattel with only the question of priority…