Poage v. Nix

This action was brought by C. W. Poage to cancel the filing of a chattel mortgage covering a truck, and to enjoin the further prosecution of a replevin action by the defendant E. Todd Nelson, mortgagee, in the justice court of defendant LaFon. J. B. Harper intervened in the action, and sought to have the mortgage declared a forgery. Harper sold the truck to plaintiff, representing at the time of sale that it was free of all encumbrances except one, which plaintiff paid. Thereafter defendant Nelson sought to replevin the truck under the mortgage in question. Plaintiff then brought this action.…