Owen v. Miller

This is an action in re-plevin by a mortgagee against a subsequent purchaser to recover possession of a farm tractor. Judgment was rendered on the verdict for defendant, and plaintiff appeals.

The mortgagor was also made a party and judgment rendered against him for the balance due on the mortgage, but he does not appeal.

Plaintiff says the trial court erred in not directing a verdict in his favor for possession of the tractor.

There is evidence to show that the mortgagor, Miller, was a recognized dealer in used tractors and other farm machinery, and maintained a regular place of business for…