Brice

The plaintiff, claiming to be the owner and entitled to the possession of a certain automobile, brought this action to recover possession thereof. Judgment having been entered in favor of the defendant, the plaintiff appeals therefrom.

On the seventeenth day of November, 1916, the plaintiff’s father, Charles P. Brice, being then and there the owner of said automobile, made and delivered his note of that date at Los Angeles, California, due six months after date, for the sum of three hundred dollars, to the Western Union Life Insurance Company, together with a mortgage of the automobile, as security for payment of the note. The note and mortgage passed by assignment to the defendant, First State Bank of St. Joe, Idaho. On the eighteenth day of March, 1918, the First State Bank commenced an action in the state of Arizona in a court of competent jurisdiction against Charles P. Brice on sundry obligations, including " said note. Thereafter, and after the commencement of the present action but prior to the trial thereof, defendant bank so amended its complaint in the action in Arizona that the count on the said note was omitted from that action. After the thirty-first day of May,…