RODMAN, Justice.
Does the evidence suffice to warrant a finding that defendant wrongfully took possession of the automobile? If not, the court erred in submitting the first issue to the jury.
Until modified by statute, G.S. § 45-3.1, a mortgagee of chattels or his assignee was, in the absence of an agreement to the contrary, entitled to possession of the mortgaged property even prior to a default. Grier v. Weldon, 205 N.C. 575, 172 S.E. 200.
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