Burkitt v. Vail

The plaintiff brought replevin for a Ford touring ear, claiming that he was entitled to possession of it by virtue of the fact that he held a chattel mortgage upon it given to him by the defendant, which was overdue; and that the defendant had delivered possession thereof to plaintiff but without the consent of plaintiff had taken the car into his own possession and still retains it, to the plaintiff’s damage.

The answer traverses the complaint in material particulars and for separate defense alleges the following :

“That on or about the 26th day of May, 1920, defendant executed and delivered…