Mack International Motor Truck Corp. v. Burns

Appeal from an order denying plaintiff’s motion for a new trial.

This is an action in replevin to recover possession of a gasolene shovel of the value of $4,000. The action ivas brought in Hennepin county. The shovel was taken under the writ by the sheriff in Polk county where it had been left by defendant Burns on the farm of defendant Nolan. The case was submitted to and tried by the court on a stipulation of facts, supplemented by short oral testimony covering formal matters.

On April 13,1926, defendant Mergens company (a copartnership), owner of the shovel, sold it to Burns under a…