Erwin v. Potts

This is an action in replevin instituted by the appellant, R. F. Erwin, as plaintiff in the court below, against the appellee, William C. Potts, as defendant, to recover possession of a 1941 Model Ford Deluxe two-door automobile. The plaintiff alleged in his declaration that he had refinanced the automobile for one Arthur Junior Moore under a conditional sales contract, and that default had been made in the payment of the installments of indebtedness becoming due under the contract, and that he was entitled to the immediate possession of the automobile.

The case was tried first in a justice of…