Runnels v. Fairchild

Fairchild instituted this action of replevin to recover from Runnels the possession of a described motor then being used by Runnels in the operation of a sawmill. Runnels executed bond and retained possession of the motor. The jury found that Fairchild was entitled to possession of the motor and assessed its value at $700. Judgment was entered that Runnels either deliver possession of the motor to Fairchild or that Runnels and his sureties pay to Fairchild said amount. Runnels appeals.

The deciding question on this appeal is whether or not replevin will lie under the facts of this case.

The…