Dewberry v. Universal CIT Credit Corporation

HALLEY, Chief Justice.

This action involves the replevin of an automobile. Parties will be referred to as they appeared in the trial court.

Plaintiff in its complaint filed on February 19, 1964, alleges that it is the owner in good faith of a conditional sales contract dated August 18, 1962 signed by defendant, covering the purchase of an automobile and that defendant failed to make a payment of $74.67 due on said contract on December 20, 1963 and all subsequent installments. The contract provides that the plaintiff may take possession of the car upon default of payments.

Defendant in his answer…