Maulhardt v. JD Coggins Company

Upon consideration of motion for rehearing, the original opinion is withdrawn and the followng substituted therefor.

Opinion

COMPTON, Chief Justice.

This is an action in replevin to recover possession of a tractor allegedly detained by appellee unlawfully, or its value, and for damages for its unlawful detention. The complaint charges that on the 20th day of June, 1952, appellants sold the tractor in question to R. K. Kaime and Joe Kaime, the consideration therefor being secured by chattel mortgage upon the tractor; that the Kaimes had defaulted in installment payments as provided in the chattel…