Herl v. State Bank of Parsons

The opinion of the court was delivered by

Hatcher, C.:

This was an action to recover damages for the wrongful conversion of personal property. A motion for summary judgment was sustained by the trial court on the pleadings, exhibits and an affidavit filed by the defendant. ■

The petition commingled three separate causes of action. Damages, both actual and punitive, were requested for (1) conversion of mortgaged property where possession of the property was *36obtained by a replevin action and sold at public sale before answer date, (2) conversion of plaintiffs’ property sold at the public sale…