Tresher v. McElroy

Hazel W. McElroy, by her next friend, Robert E. Lee, brought an action of replevin against P. H. Tresher to recover one Buick Six Automobile. There was judgment for the plaintiff, and defendant took writ of error to this court.

The automobile was sold to the defendant by S. G. McElroy, the husband of the plaintiff, early in January, 1923. The record shows that Hazél W. and S. G. McElroy had separated on Armistice Day, 1922, and that the automobile was taken from Hazel W. McElroy by S. G. McElroy about the first of January, 1923. There is some conflict as to which of the MeElroys owned the…