Lane v. Smart

Lane levied a distress warrant on an automobile, to which Leslie Smart filed a claim. The issue was tried by a jury in a justice’s court and determined in favor of the plaintiff. The judge of the superior court, upon certiorari, granted the claimant a new trial, to which order the plaintiff excepted. The plaintiff relied mostly, if not altogether, on a written instrument which he claimed put the title to the automobile in him as security for a note. The material part of this written instrument is set out below.

1. Inasmuch as the case is to be retried, it is well to determine whether the…