WELCH, J.
Bankers Investment Company, a corporation, commenced action in replevin against Hoyt Wren seeking possession of a certain automobile held by the defendant. Writ of replevin was issued and thereunder custody of the automobile was taken from the defendant.
The plaintiff in pleading asserted right to possession of the automobile by virtue of a chattel mortgage given by one Garner Pettigrew, and an alleged breach of said chattel mortgage.
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