O'Malley v. United Producers & Consumers Cooperative, Inc.

UDALL, Vice Chief Justice.

Plaintiff, E. J. O’Malley instituted a re-plevin action in the Superior Court of Pinal County, seeking to recover possession of a John Deere cotton picking machine, allegedly wrongfully converted by defendants. At the close of the trial on September 28, 1961, the court granted judgment for defendant and plaintiff appeals the denial of his motion for a new trial.

The facts essential to our decision are these. Defendant was a creditor of one Tom Nasser who held title to the machine in question as of September 11, 1959. On that date Nasser transferred the machine to…