Royat v. Roberts

This is a motion to dismiss the appeal upon the ground that appellants have accepted the benefits of the judgment entered in their favor. Thi§ requires an analysis of the pleadings, findings and judgment.

The appellants brought this action to recover possession of a tractor, and for damages resulting from the unlawful detention of said tractor by the defendants. Defendant Bank of America by its answer denied that appellants were entitled to the possession of the tractor; denied that it had taken possession of the property; and alleged that the tractor was “subject to a chattel mortgage dated…