Hercules Equipment Co. v. Smith

I am not in accord with the majority opinion. Perforce, the pleadings and the evidence being what they were, the trial court was called upon to settle one issue: whether the wife was the legal and equitable owner of a Lincoln automobile. Such the wife charged in her motion; such in great measure she failed to prove.

Hercules Equipment Co. recovered a money judgment against Mr. Smith, had an execution issue thereon, and pursuant to the writ the sheriff levied upon and seized a 1955 Lincoln Capri automobile. Mrs. Smith sought by her motion to restrain the sheriff from acting further under the…