R. H. Beaumont Co. v. National Sand & Gravel Co.

Boyer, J.,

This motion grew out of an action of replevin brought by the plaintiff against the defendant to recover certain sand and gravel digging equipment and machinery. No counter-bond having been filed; possession was delivered to plaintiff. Judgment was entered in favor of the plaintiff for want of a sufficient affidavit of defense. The declaration averred title and right of possession in the plaintiff by reason of default in payment of instalments due from the defendant to the plaintiff upon a written agreement of lease or conditional sale of the property replevied. The plaintiff averred…