First National Bank of Madison v. Halvorson

Replevin for certain horses, cattle, some farm machinery and grain, wherein, after trial to the court Avithout a jury, defendant appeals from the order denying his motion for a new trial.

Plaintiff claims as a mortgagee of the chattels, but in the complaint alleged ownership and the right to possession generally. It averred a demand upon defendant and his refusal to deliver. The answer admits the demand and refusal but denies the complaint otherwise, and asserts that defendant as owner is entitled to possession. There was no reference in complaint or answer to the chattel mortgage and no…