Batten v. Hurburgh

Mr. Presiding Justice McSurely

delivered the opinion of the court.

In an action of replevin tried by the court, plaintiff was defeated and asks that the judgment be reversed.

May 4, 1929, plaintiff filed his affidavit for replevin alleging ownership and that he was entitled to the possession of certain goods and chattels consisting of notes, trust deeds, leases, etc., of the value of $13,000. The writ was duly executed and served by seizing the property in question. Plaintiff’s declaration was filed May 20 and the appearance of the defendant was filed the same day. June 17, defendant filed his…