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BURROUGHS v. GARRETT

No. 6602.

352 P.2d 644 (1960)

67 N.M. 66

John BURROUGHS, Plaintiff-Appellee, Cross-Appellant and Cross-Appellee, v. Odis GARRETT, Defendant-Appellant, Royal Tire Service of Amarillo, Inc., and Robert E. Wallen, Intervenors-Appellants and Cross-Appellees, H. D. King, d/b/a King Brothers Grain & Seed Company, Intervenor, Cross-Appellant and Cross-Appellee.

Supreme Court of New Mexico.

Rehearing Denied June 8, 1960.

Attorney(s) appearing for the Case

Hartley, Buzzard & Patton, Clovis, for Odis Garrett, appellant.

Mears & Mears, Fred Boone, Portales, for John Burroughs, appellee, cross-appellant and cross-appellee.

Smith, Smith & Tharp, Clovis, for King Brothers Grain & Seed Co., cross-appellant and cross-appellee.

COMPTON, Justice.

Appellee Burroughs instituted this action in replevin to recover a Peterbilt tractor, upon which he held a chattel mortgage, and a Freuhauf trailer, which had been leased by him. Incidentally, when the units were repossessed by the sheriff, the trailer was loaded with grain of the value of approximately $1,200.

Appellant Garrett answered, alleging ownership of both vehicles. Appellant, Royal Tire Service of Amarillo, Inc., intervened, asking...

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