Davis v. Meyers

BOYDSTON, Judge.

Appeal is from demurrer sustained at close of plaintiff’s case-in-chief terminating jury trial in action for replevin of heavy equipment and for deficiency judgment for balance due on note and security agreement should sale not satisfy obligation.

*448Plaintiff filed suit on December 3, 1976, alleging two causes of action: (1) replevin of certain equipment, and (2) sale of the equipment and deficiency judgment should sale not satisfy the debt. After hearing on February 11, 1977, trial court found “defendants were not in possession of the property described in plaintiff’s petition…