Trax, Inc. v. Tidmore

This appeal is from a judgment in favor of defendants on their counterclaim to a suit in detinue. We reverse the judgment.

Appellant, Trax, Inc. (hereinafter Trax), filed a complaint, Count One in detinue, Count Two for conversion, of a Caterpillar tractor. The alternative value was stated to be $9,130.19. After filing the proper bond, and after a hearing, Trax, acting under the trial court's writ of seizure, took possession of the tractor pending trial. Defendants (hereinafter Tidmore) filed an answer and counterclaim. The counterclaim also claimed the right of possession and charged…