Breslauer

This action, in claim and delivery, was brought by the plaintiff to recover possession of a Day-Elder motor-truck, or, in case possession thereof cannot be had, judgment for the sum of $1,400, the alleged value of said truck.

The plaintiff was awarded judgment as prayed for, -and the defendants appeal therefrom upon a record prepared according to the alternative method.

The claim of plaintiff to the right to the possession of the truck arises out of a chattel mortgage 'alleged to have been executed by one William England, then owner of said truck, in favor of plaintiff, a duly organized corporation of the state of Oregon, to secure the purchase price of said truck, which was the sum of $2,150.05, the plaintiff having sold the truck to said England. Said mortgage was executed on the thirtieth day of September, 1920, in Jackson County, state of Oregon. At that time England was a resident of said county and state, and the said truck was then situated therein. The mortgage was recorded in the proper office of the said county of Jackson on the seventh day of October, 1920. The instrument provided for the payment of the purchase price in monthly installments of $215 each, the first…