Trovatten v. Hanson

Appeal from an order granting judgment pursuant to an alternative motion for judgment non obstante or a new trial.

The action was in replevin. The complaint alleges plaintiff’s ownership in general terms. The answer contains a general denial and specific defenses, and alleges that defendant executed a note secured by a chattel mortgage on the property involved, and that plaintiff claimed the property by virtue of a renewal of said note and mortgage. There is no reply. Over the objection of plaintiff, defendant was permitted to prove payment.

When a plaintiff alleges title generally to the…