Walkinshaw v. O'Brien

This action is one of replevin for a small automobile known as a midget racer and a trailer used to transport it. They had been attached by the defendant, a deputy sheriff, in a suit by LeRoy Perry against the plaintiff’s brother Robert, and from a judgment for the defendant the plaintiff has appealed.

The court found the following material facts: Robert purchased the racer in July, 1940, and paid $250 of his own money for it. He kept it in his possession, buying parts and repairing it as needed, and used it until it was attached. During the summer and fall of 1940 he built a trailer which,…