Evans v. Equico Lessors

Stolz, Judge.

The plaintiff brought his complaint alternatively under Code Chapters 67-7 and 61-3 seeking a writ of possession of personal property. The defense was based on these Code sections and the trial judge entered his decision and judgment by applying them. Neither Code provision is applicable. Code Ch. 67-7 deals with "Foreclosure of Mortgages on Personalty.” This case under its facts is not a foreclosure of a mortgage. Code Ch. 61-3 provides a dispossessory warrant proceeding in real estate disputes. This case is not a real estate dispute.

This case is simply a trover action and is…