Key v. Clements

(sitting in place of MR. JUSTICE BOTTOMLY).

Plaintiff brought this, a claim and delivery action, in the district court of Missoula County, against the defendant. From the directed verdict the defendant has appealed.

In such action, plaintiff sued in claim and delivery to recover possession of certain mining machinery. Possession of the machinery was thereupon taken by the sheriff and delivered to the plaintiff. The answer of the defendant admitted plaintiff’s ownership, denied that defendant’s possession was unlawful, and alleged an agreement between the parties whereby defendant was to have…