Poorman v. Carlton

The opinion of the court was delivered by

Marshall, J.:

This is an appeal from an order setting aside a judgment in favor of the plaintiff and against the defendant George Carlton.

On November 26, 1921, the plaintiff commenced an action in replevin against George Carlton and Helen E. Carlton, the wife of the latter, to recover the possession of two automobiles on which the plaintiff claimed to have a chattel mortgage to secure the payment of a promissory note for $7,000. The property was taken under writs in replevin and was turned over to the plaintiff, who sold the automobiles and realized…