Vann v. American Credit Co.

Quillian, Judge.

We must determine whether the trial court erred in refusing to enter judgment for the defendant on the plaintiff’s replevy bond.

Code § 107-209 provides: “When the plaintiff in a trover suit has replevied the property and, on the trial of the case, fails to recover or dismisses his petition, the defendant, instead of suing on the replevy bond, may recover the property and its hire, or the sworn value- placed upon the property in the petition.” The defendant argues that where the plaintiff fails to recover after having replevied the property, in the absence of fraud or mutual…