CORN, J.
This action was brought by P. & E. Finance Company, mortgagee, against W.A. Wooden to collect a note and for possession of a Buick automobile mortgaged to secure payment of the note. The automobile was recovered by the plaintiff under a writ of replevin, taken to Oklahoma City, advertised for sale and bid in by plaintiff and later resold to a third party.
This case was presented on a pretrial stipulation, a part of which is as follows:
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