Chessport Millworks, Inc. v. Solie

I respectfully dissent.

Plaintiff filed a complaint in replevin and recovered possession of personal property located on premises owned by defendant pursuant to the replevin statute. Section 22-17-1 et seq., N.M.S.A.1953 (Vol. 5). Defendant, by way of an affirmative defense, denied that his detention of the property was wrongful, and asked return of the property or a judgment for the amount of his landlord’s lien. The “First Affirmative Defense” was not designated as a counterclaim. It was not so treated at trial.

At the conclusion of the trial, the court found that on October 1, 1965,…