McDaniel v. Hoblit

Kimball, Justice.

This is a replevin action. The property is machinery and implements used in plowing. The plaintiff’s interest was under a chattel mortgage to him as mortgagee from the defendants as mortgagors. The debt secured by the mortgage was $.1500, evidenced by two notes for $750 each, one due December 1,1923, and the other due December 1,1924. The plaintiff’s right to possession of the property, if he had that right, was for the purpose of foreclosing the mortgage-. The petition and affidavit for re-plevin were filed, and the summons and writ of replevin (order for delivery) issued,…