Emerson-Brantingham Implement Co. v. Willhite

The opinion of the court was delivered by

Dawson, J.:

This was an action in replevin to recover possession of a steam engine. The plaintiff’s claim to possession was based upon a chattel mortgage on the engine executed by the defendants Arthur Willhite and his wife to secure the payment of the purchase price of a threshing machine bought by Willhite from Reeves & Co., the business predecessor and assignor of plaintiff. Plaintiff also claimed a right of possession based upon a purchase of the engine at a sale of it pursuant to that mortgage.

The defendants’ answer pleaded, and their evidence…