Scherubel v. Askew

Opinion by

HARRISON, C.

This was an action in replevin by J. B. Askew against Joseph Selierubel and A. G. Coppenbarger to recover possession of two automobiles sold to defendants by plaintiff upon which a mortgage had been given by defendants to plaintiff for the balance of purchase money due on said automobiles. Upon defendants’ failure to pay the debt when it became due, plaintiff proceeded to sell, and did sell, the mortgaged property by posting up notices as required by law, but without taking possession of the mortgaged property, and at the sale purchased same himself. Thereupon he…