Johnson v. Davis

CATES, Judge.

This is an appeal from a nonjury judgment of the Montgomery County Circuit Court on Count 2 of the complaint, i. e., detinue by Davis for a truck which Johnson claimed was under a recorded chattel mortgage to him. The alternate value of the truck was assessed at $250 and $75 was awarded as damages for the detention of the property by Johnson, who had repossessed the truck.

The circumstances leading up to Johnson’s taking the truck back were that Johnson, on June 16, 1954, by a bill of sale, which, in verbiage, is a virtual replica of a warranty deed, sold the truck to A. B.…