Falke v. Fassett

Henrj- Falke brought replevin against Lillian L. Fassett and Charles S. Fassett, to recover the possession of certain railroad' ties and other property. None of the property, was found except a portion of the ties, and these were taken-under the writ. The answer denied the allegations of the complaint, and set up a chattel mortgage to Lillian Fassett *172by one Eugene Haas, the alleged owner of the ties at the time, which was executed and recorded prior to the inception of the claim of plaintiff. The replication admits this mortgage, and avers its release. There was an intervention in the case,…