Central Savings Bank & Trust Co. v. Hall

The plaintiff in error filed its complaint in replevin to obtain possession of certain livestock alleged by it to be covered by a chattel mortgage, made by one Eaton, to secure an indebtedness to the bank, which livestock had been taken on execution by the defendant, the sheriff of Weld county, in favor of one Wilson, a judgment creditor. The court sustained a demurrer to the amended complaint, and dismissed the case.

The question for determination is as to the correctness of that action. The amended complaint alleged an indebtedness by Wilson to the plaintiff, the giving and recording of a…