Mitchell v. White

Opinion by

STEPHENSON, C.

O. G. White executed and delivered his note and chattel mortgage to -the assignor of plaintiff, covering certain personal property situated in Ellis county. Th^ defendant tailed to pay the note and mortgage at maturity. The plaintiff commenced his action in re-plevin for the possession of -the property situated in Ellis county, covered -by the mortgage. The sheriff executed -the writ, and after 24 hours delivered possession of the property to the plaintiff. The defendant, thereafter, filed his motion to dismiss the action in replevin for the reason that the court did…