Peabody State Bank v. Hedinger

The opinion of the court was delivered by

Smith, J.:

This is a replevin action to recover possession of an automobile and damages for its retention. Judgment was for plaintiff. An intervening petitioner has appealed.

The petition alleged the giving to plaintiff bank, a corporation located in Marion county, of a chattel mortgage on the car; that it was filed with the register of deeds of Marion county on March 24, 1948; and that a note given at the same time and described in the mortgage had been renewed. A copy of the mortgage and of the last note executed by defendants was attached. It bore the…