Miller v. Siden

Plaintiff, claiming right of possession of a certain boiler, as mortgagee in a chattel mortgage given for its purchase price, filed a petition under the declaratory judgment law (3 Comp. Laws 1929, § 13903 et seq.), to recover possession from defendant, who claims to be the owner free of the mortgage.

The proper action is replevin. The proceeding for declaratory judgment is not a substitute nor alternative for the common-law actions. Village of Grosse Pointe Shores v. Ayres, 254 Mich. 58, 62.

Judgment for plaintiff reversed, without new trial, and without prejudice to bring the proper action.…