Ketcham v. Selles

Plaintiff Ketcham (plaintiff) appealed to the Court of Appeals from a judgment dismissing his action for replevin of a rock screening plant and for reasonable rent during the time that defendants Selles (defendants) retained possession of the plant. The plant had been the subject of an earlier sheriffs sale to defendants, based on the judgment in a preceding case. The trial court allowed defendants’ motion for summary judgment on the ground that plaintiffs present action was an impermissible collateral attack on the prior judgment. The Court of Appeals reversed, holding that the execution in…