Liberty Plan Co. v. Walker

Plaintiff brought this action to replevin an automobile from defendant. The petition alleged plaintiff was the owner and holder of a note ($766.22), secured by a duly recorded mortgage upon the car; that the note was in default and plaintiff therefore entitled to possession in order to foreclose its lien. Further, that defendant had possession of the car under a claim for work and labor performed without plaintiff’s knowledge or consent, and defendant’s lien was inferior to. plaintiff’s mortgage. Plaintiff asked judgment for possession and foreclosure of its mortgage. Writ of replevin issued…