MacDonald v. Leverington Construction Co.

Opinion by

Mb. Chief Justice Kephabt,

Appellee, upon completion of some construction work in March, 1930, left his gasoline shovel upon a vacant lot, where it remained, unprotected from climatic conditions and from theft of removable parts. In March, 1936, appellant “purchased” the shovel for $225 from the mortgagee in control of the lot, and expended approximately $2,800 in repairing the machine to malee it available for immediate work. Appellee brought this action of replevin to secure the possession of the shovel.

During the time the shovel remained on the lot, the mortgagee-vendor tried…