GARDNER, Circuit Judge.
The appellee as plaintiff brought this action at law to recover from the appellant as defendant the possession of certain machinery referred to in the record as a gasoline shovel, with certain accessories and appliances. The action was one in replevin, and the property involved was taken under a writ of replevin.
For convenience the parties will be referred to as they appeared in the lower court.
On the 15th of December, 1928...
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