Moxham Investment Corp. v. Thomas-Kinzey Lumber Co.

Opinion by

Cunningham, J.,

These appeals are from judgments in favor of the plaintiff, Moxham Investment Corporation, in two actions of replevin, tried together in the court below. The same and only the same question is involved in each appeal. It is whether, under all the evidence, Thomas-Kinzey Lumber Company, one of the defendants (a landlord acting through its bailiff, John Woodchuck, the other defendant), could legally seize as a distress for arrears of rent certain automobiles in which plaintiff claimed ownership and Immediate and exclusive right of possession.

Mitrey G. George was an…