Hoshaw v. Fenton

The executor of the estate of John E. Hoshaw, deceased, brought an action in replevin in the circuit court of Lawrence County, returnable to the January term, 1936, thereof, to recover an automobile. On the first day , of the said January term defendant filed heir answer and counterclaim, which said counterclaim was stricken upon motion of plaintiff. An amended answer and reply were filed, and trial was had before the court on January 21, 1937, resulting' in a judgment for plaintiff, and an appeal was duly taken by defendant.

The petition in replevin is in conventional form. The answer was a…