Stokes v. Kirk

This is a replevin action and was previously before this court as Stokes v. Kirk, the decision being reported in 97 Colorado, 96 (47 P. [2d] 686). The parties were the holders of successive chattel mortgages on certain livestock executed by the same mortgagor. Kirk’s mortgage was recorded prior to the mortgages of Stokes. Claiming default, Stokes took possession of all of the chattels under her mortgages. Kirk then demanded possession of the mortgaged property from Stokes asserting a superior right thereto by virtue of his chattel mortgage. The demand being refused, this action was…