Farmers & Merchants State Bank v. Hunter

The opinion of the court was delivered by

Cowan, J.:

The appellant bank, on March 27, 1947, brought a replevin suit against the defendants, T. E. Hunter and his wife, L. E. Hunter, to recover an automobile on which it claimed a valid mortgage. The plaintiff appeals from an adverse judgment entered on the verdict of the jury in favor of the appellees.

In January, 1947, J. M. Woltz approached the plaintiff bank to accept mortgages on several automobiles, including some he expected to buy. Woltz went to Missouri, purchased the 1946 Ford here involved and paid for it by draft on plaintiff bank,…