Brooks v. McCoy

Brooks instituted this suit to replevy an automobile from the defendants, McCoy and Cobb. Tie alleged that he was the owner of this automobile and entitled to its possession. The Chancellor allowed this appeal by the defendants, McCoy and Cobb, from his decree overruling their demurrer. The allegations of the bill are the facts, therefore, for the purposes of this appeal, which should be styled in the reverse of that appearing in the caption, since McCoy and Cobb are the appellants.

An officer of Jefferson County physically took possession of Brooks’ automobile “under the pretense that…