National Bond & Investment Co. v. Gibson

POLLOCK, District Judge.

This is an action in replevin‘of an automobile, brought by plaintiff, a chattel mortgagee, against defendant, sheriff of Lyon county. The facts are stipulated by the parties, and briefly stated, in so far as material to decision here, are as follows:

One Grace Miller purchased this car in question from the agency of the Studehaker people in the city of Topeka, the agents of the motor company taking back a valid chattel mortgage to secure a series of install ment notes given as evidencing a part of the purchase price of the car. These notes were duly indorsed, sold, and…