Evans v. Hotel Garage Co.

Plaintiff as trustee in 'bankruptcy of Edward J. Gould brought action in replevin in municipal court to recover an automobile from defendant Short who claims possession under a chattel mortgage.

1. On November 1, 1917, Gould executed the mortgage to Short.

2. On August 7,1918, the mortgage was filed for record. •

3. On September 25, 1918, Gould filed his petition in bankruptcy.

4. On October 5, 1918, Short took possession of the car and placed it in the possession of the Hotel Garage Company.

5. On the 7th of October, 1918, Gould was'adjudged a bankrupt.

The petition merely alleges appointment of…