Mathews Piano Co. v. Markle

This is a replevin action brought by the Mathews Piano Company against H. E. Markle as defendant to recover *124possession of a piano. Before the trial John H. Penner intervened and answered, alleging that he was the owner of the property. Markle made no appearance. The case Avas tried to the court Avithout a jury, and judgment Avas rendered for the intervener Penner. From this' judgment the plaintiff appeals.

The evidence sIioavs that in the latter part of December, 1908, H. E. Markle Avas conducting a hotel in the city of Beatrice; that about this time Markle borroAved |5,500 from Penner. Penner…