Rupe v. First National Bank at Douglas

DeLores C. Rupe, plaintiff, commenced an action in replevin to recover a GMC livestock truck. The facts are not complicated or in material dispute.

Title to the vehicle was in the name of Thomas N. Rupe and/or DeLores C. Rupe. The defendant bank was a judgment creditor of Thomas N. Rupe only. It caused the sheriff to levy on the vehicle to satisfy its judgment. The vehicle was sold on execution sale the next day after plaintiff had commenced her replevin action.

At pretrial conference counsel for plaintiff agreed to file a motion for summary judgment and all counsel conceded no genuine question…