American Bank v. Smith

BEER, Judge.

Though collateral issues exist, this case turns upon the correctness of a factual and legal determination by the trial court that a vehicle, subject to a chattel mortgage in favor of appellant, American Bank, was seized and held by them without recourse to law and without the owner’s consent.

Finding that no manifest error has been demonstrated in this determination, we conclude, a fortiori, that a writ of attachment against certain real property owned by ap-pellee which sought to secure a potential deficiency judgment was properly dissolved by the trial court and, thus, forms a…