B. K. Sweeney Electrical Co. v. Poston

The action, in which the proceedings are here under review, was for replevin of certain tools, accessories and servicing equipment for the lubrication of automobiles, previously used by one Dwyer in the conduct of a business known as the “Ernie Dwyer Pontiac Company” in Colorado Springs.. Plaintiff in error, plaintiff below, claimed under a chattel mortgage given it by Dwyer for .the balance of the purchase price of the personal property in controversy. In justification of his possession the answer of defendant asserted title by purchase at a sale under a distraint warrant issued by the state…