Early & Daniel Co. v. Brown

TYRIE A. BOYER, Judge.

This cause came on to be heard on the defendants’ motion to dismiss the amended complaint. Though the allegations of the amended complaint leave some doubt and confusion in the mind of the reader as to the theory upon which the plaintiff seeks to recover, the plaintiff’s attorney stated at the hearing that he was seeking to recover for conversion (or trover) on the theory that the defendants, by disposing of property purchased from plaintiff’s judgment debtor — after entry of judgment and issuance of execution but before levy — were guilty of conversion and therefore…