Nicholas v. Latham

The opinion of the court was delivered by This was an action in replevin to recover possession of an
automobile. The trial was had by a jury, which found for
defendants. This appeal is from an order granting plaintiff a new
trial and setting aside an answer to a special question. The pleadings may be summarized as follows: The petition
alleged that defendants (appellants) Marshall H. Latham and
Bernice E. Latham are husband and wife; that they executed and
delivered to plaintiff (appellee) the promissory note and chattel
mortgage in question; that the chattel mortgage was duly
recorded; that default had been made on the promissory note and
chattel mortgage, and that defendants had failed to deliver
possession of the automobile on demand. The prayer was for
possession of the automobile described in the chattel mortgage,
and if possession could not be had, for judgment against
defendants upon the promissory note, and for damages for wrongful
detention of the automobile.