Loranz & Co. v. Smith

The allegations of the petition disclosed that the plaintiff had a. valid mortgage upon an automobile, executed by the owner thereof, one Julius Wolfe. The petition also disclosed that the defendant Smith, purporting to be a constable, had levied upon such automobile an execution against Julius Wolfe, and in favor of the defendant P. M. Christensen. After the levy, the plaintiff gave appropriate notice to the defendant Smith, as required by statute. Smith, having been indemnified by his codefendants, proceeded under his levy, and sold the property. The defendants’ demurrer was predicated upon…