Rogers v. Commercial Credit Corp.

BOWLING, Justice,

for the Court:

Appellant, Benny Roy Rogers, appeals from a replevin judgment in the Circuit Court of Winston County. We reverse and remand.

At the conclusion of the evidence offered by both plaintiff-appellees and defendant-appellant, the lower court sustained appel-lees’ motion for a directed verdict, stating that the decision was a question of law and there was no fact issue to submit to the jury. We hold that the cause should have been submitted to the jury. In discussing reasons for this, we need to relate the pertinent parts of the record.

On January 23, 1970, appellant,…