Mid Continent Motor Co. v. Art Harris Transfer Co.

Opinion by

STEPHENSON, O.

The plaintiff commenced its action against the defendant in the district court for possession of one automobile truck for the purpose of foreclosing a chattel mortgage then owned and held by plaintiff. The plaintiff took possession of the truck’ under a writ of re-plevin and sold the property before the trial of the cause, under the notice ordinarily given in a foreclosure of personal property. The defendant in its answer charged the plaintiff with the wrongful conversion of the property to its own use, and prayed damages against the plaintiff for such conversion. The…