Hurd v. Spurgin

This was an action by the plaintiff in error against the defendant in error to recover the sum of $257.20, being the balance of the purchase price of an automobile. Defendant in error filed a general denial, and upon trial of the case, judgment was rendered for the defendant in error. For convenience, the parties will be hereinafter referred to as they appeared in the trial court.

Defendant admitted the purchase of the automobile, but defended on the ground that the automobile was mortgaged at the time it was sold to him and was thereafter taken away from him by the holder of the mortgage. The…