Iowa Truck Center, Inc. v. Davis

RAWLINGS, Justice.

Plaintiff appeals from dismissal of his replevin petition on defendants’ motion. We reverse.

By its petition plaintiff alleges, in substance, (1) it is the qualified owner of a truck owned by defendants, which provisional ownership was acquired by reason of material furnished and labor performed on said truck by plaintiff at defendants’ request, (2) defendants wrongfully and maliciously took the truck from plaintiff’s keeping despite its refusal to surrender possession until paid the amount owing. A writ of replevin and attendant relief is accordingly sought.

Defendants’…