Peters v. Wallace

REID, C.

This is an action in replevin commenced by the plaintiff to recover possession of certain personal property, wherein he alleged in his petition that he had a special ownership. Neither the petition nor the affidavit in the action states the facts constituting such special ownership, but the case appears to have been tried by the parties upon the theory that the defendant had executed and delivered to the plaintiff a mortgage on the property described in the plaintiff’s affidavit for replevin.

The record discloses that the defendant pleaded payment of the note secured -by the mortgage,…