Bankers Investment Co. v. Butts

The opinion of the court was delivered by

Johnston, C. J.:

This was an action of replevin brought by the Bankers Investment Company against Clarence A. Butts and Bessie L. Butts, before a justice of the peace, to recover the possession of a motor truck under the provisions of a chattel mortgage given to secure a promissory note of $198.40. No defense was made before the justice of the peace, and on the testimony the plaintiff was adjudged to be entitled to the possession of the truck and damages for its detention. The defendants appealed from the judgment rendered to the district court, where…