Barbre-Askew Finance, Inc. v. Thompson

The validity of the debt due by Thompson to plaintiff and of plaintiff’s chattel mortgage lien as security therefor was not and is not challenged. Nothing else appearing, plaintiff, on account of Thompson’s default, was entitled to possession. The burden of proof was on Robinson to prove his allegations that he had a mechanic’s lien on the Chevrolet and that his lien had priority over the lien of plaintiff’s chattel mortgage. Hence, the court was correct in overruling Robinson’s motions for judgment of nonsuit.

The question for the decision is whether, upon the facts established by the…