Warner v. Carter

The opinion of the court was delivered by

Burch, J.:

The action was one of replevin for an automobile. The defendant, Wilma M. Carter, recovered, and Warner appeals.

*286In the petition Warner claimed a special interest in the automobile, by virtue of a chattel mortgage dated January 16, 1919, and recorded on January 17. The mortgage was given by J. S. Johnson, to the Motor Bank of Denver, Colo., to secure a note for $550 due March 15. On June 18 Warner bought the note for the balance due, $310, and took an assignment of the mortgage.

The car was a new one, for which Johnson gave another car as part…