John Deere Co. v. Major

ORDER DENYING IMMEDIATE POSSESSION

SACHS, District Judge.

In these replevin actions, in which there is diversity jurisdiction, a farm implement manufacturer seeks immediate possession of equipment in which there is a good showing that the buyers are in default of obligations under purchase agreements. Pursuant to a Missouri statute, prejudgment possession is authorized, when, among other things, a party apparently entitled to possession files an affidavit “showing” that it will be in “danger of losing” its property unless removed from the defendant’s possession. Section 533.-010, RSMo;…