Callan v. Schwing
Callan v. Schwing
Opinion of the Court
Action by appellant to replevy an automobile of which she claimed to be the owner, and that had been taken by appellees on a writ of attachment against her son-in-law, Clarence Swango, in a certain suit pending in the Dearborn Circuit Court.
Appellees answered that they held possession of said property by virtue of said writ and not otherwise. A demurrer to the answer was overruled, there was a trial by the court, and a finding and judgment in favor of appellees, from which, after appellant’s motion for a new trial was overruled, this appeal.
Appellant says that there was no evidence to sustain the decision of the court. 'With this contention we cannot agree. The circumstances surrounding the transaction in which appellant, an elderly woman, claimed to purchase the automobile from her son-in-law, with no knowledge of its value, or whether it was in any manner encumbered by any liens, together with the absence of any effort to comply with the law in transferring the title, was certainly some evidence from which the court might infer the fraudulent nature of the pretended deal. Under such circumstances, this court will not disturb the decision of the trial court. Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.