Olson v. Thompson

On Petition for Re-Hearing.

Opinion of the court by

Tarsxey, J.:

The facts in this case are sufficiently stated in the former decision of this court. (Olson v. Thompson, this volume, p. 74.) By that decision the rule-was announced that:

“The maker of a promissory note is not the owner or entitled to the immediate possession thereof unless the-same has been paid or cancelled by a court; and until such payment or order of cancellation, an action of re-plevin for the recovery of the possession thereof by the-maker against the payee, will not lie.”

After a careful re-examination of the point involved…