Truett v. Georgeson

This appeal is from a jury verdict of $540.00 actual damages and $5,000.00 -punitive damages in a malicious prose cution action brought by respondent Truett against appellant Georgeson. We reverse.

In December of 1974, respondent purchased 4.7 acres of property near Swansea from appellant, assumed a first mortgage from the bank, and gave a second mortgage to appellant. Respondent defaulted on both mortgages and appellant commenced foreclosure proceedings in September of 1975.

At about this time, appellant learned respondent removed from the property a chain link fence valued at approximately…