McGuire v. Monroe Scrap Material Co.

ODOM, Justice.

Plaintiff alleged that two “Mickey Mack River Rigs,” used for “pulling pipe line river crossings, stumps and other such work,” were stolen from him in the latter part of 1935, and that these defendants, in some manner unknown to him, had later come into possession of and unlawfully and tortiously appropriated said machines to their own use and benefit. The suit is for the value of the machines.

The defendants denied generally and specifically plaintiff’s allegations. Their defense is that they did not appropriate the machines. They also filed a plea of prescription of one year.

The…