Shea v. Shea

This is an appeal by the plaintiff from a judgment for the defendants on their counterclaim for conversion. The defendants alleged that after a prior default judgment against them was vacated and the execution ordered returned, the plaintiff refused to return funds he had obtained through a levy upon such execution.

The principal action was commenced to recover $63,000.00 which the plaintiff had allegedly loaned to the defendants. The defendants failed to answer the complaint, and a default judgment was entered on March 29,1991. An execution was issued on April 9,1991.

On May 15, 1991, the…