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ROTAN MOTOR CO. v. FARMERS & MERCHANTS STATE BANK

No. 34327.

207 Okla. 271 (1952)

249 P.2d 125

ROTAN MOTOR CO. v. FARMERS & MERCHANTS STATE BANK OF VALLEY CENTER, KAN.

Supreme Court of Oklahoma.

Rehearing Denied October 21, 1952.

Attorney(s) appearing for the Case

Washington & Thompson, by Paul Washington, Oklahoma City, for plaintiff in error.

Hays & Powers, by LeRoy Powers, Oklahoma City, for defendant in error.

HALLEY, V.C.J.

The Farmers & Merchants State Bank of Valley Center, Kansas, commenced this action against W.D. Cameron for the replevin of a Hudson automobile alleged to be in his possession and wrongfully withheld from the Bank, which held a mortgage upon said automobile to secure payment of a note for $1,900, then delinquent. It was alleged that Esther M. Kahre had executed the note and mortgage to the Bank on April 18, 1947, in Kansas, and, with the consent...

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