Marathon Finance Corp. v. Rice Lake Auto Co.

The action is replevin. The ground of the action is that the plaintiff as mortgagee was entitled to seize the property mortgaged for default of the mortgagor. Default in payment of the mortgage debt is admitted by the answer. About eight months intervened between the execution of the mortgage and the seizure of the property. ■ There is no direct evidence that the property seized was covered by the mortgage, and the trial court granted dismissal because there was no such proof.

The facts appearing are that the mortgage described a part of the property mortgaged as “all machinery, equipment,…