Lowe v. Southern Surety Co.

FULLER, C.

Respondent’s assignor, W. V. Lowe, commencéd an action for debt against M. J. Helmer as defendant. In that action the plaintiff seized a Reo automobile under attachment, as the property of the defendant. Thereupon R. W. Helmer, appellant here, intervened and alleged ownership of the car in himself. The issue created by his claim of ownership was resolved against him, and from a decision which adjudicated the automobile to be the property of the defendant, M. J. Helmer, the intervener, R. W. Helmer, unsuccessfully appealed to this court. Lowe v. Helmer, 50 S. D. 516, 210 N. W. 737.…