Foster v. Polk Chevrolet Co.

Sam Robinson, Associate Justice.

This case grows out of the action of one of the appellees, Burley Smith, the mortgagee named in a chattel mortgage, in taking the mortgaged property, an automobile, from the appellant, Foster, the mortgagor, and selling it at public sale to satisfy the mortgage. The court directed a verdict against the appellant on the theory that the evidence shows the mortgagee had the right of possession, and since this is an action of replevin, the mortgagor cannot recover because he is not entitled to possession. Geiser Manufacturing Co. v. Davis, 110 Ark. 449, 162 S. W.…