Denver Credit Bureau, Inc. v. Dull

Replevin action in aid of foreclosure of a chattel mortgage, ■ Judgment for defendants, and plaintiff assigns error.

It appears that May 28, 1932, defendant's executed their note in the sum of .$195, with interest, to the order of Public Industrial Bank, payable in monthly installments, and secured it by a chattel mortgage on various items, including an automobile; that on allegation of default the payee sought to foreclose in manner as here, but suffered nonsuit because demand for possession had not preceded the action; that subsequent to the judgment of nonsuit, default still obtaining, the…