Washington National Bank v. Rooney

The opinion of the court was delivered by

Burch, J.:

The action was one of replevin for personal property covered by a chattel mortgage. It was brought by the plaintiff against J. P. Rooney and Sadie Rooney, the makers of the mortgage. John Rooney, a mortgagee, intervened and claimed priority. Judgment was rendered for the plaintiff, and the defendants appeal.

At the commencement of the action an order of delivery was issued by virtue of which the plaintiff obtained possession of the property in controversy. It is said that the affidavit on which the order was based, and which the court…