Jack Kent Cadillac, Inc. v. District Court

This is an original proceeding contesting the District Court’s jurisdiction to issue a pre-judgment replevin order pursuant to C.R.C.P. 104 directing petitioner to deliver an automobile title to John and Beth Marie Genz. We issued a rule to show cause and now make that rule absolute.

Petitioner Jack Kent Cadillac, Inc. contracted to sell a 1977 Peugeot automobile to John Genz. As payment, Genz agreed to deliver a 1977 Cadillac, leased from Cenval Leasing of Colorado, to petitioner together with a bank draft for the sum needed to “pay off’ the lease and liquidate the balance remaining after the…