Smith v. Cooper

THOMAS, Justice.

Smith, hereinafter referred to as the appellant, brought action against Cooper, hereinafter referred to as respondent, in claim and delivery to recover possession of certain sawmill machinery and equipment, based upon asserted ownership and breach of contract under which respondent was allegedly placed in possession.

The property was seized under Writ by the Sheriff on March 16, 19'48.

Respondent filed an answer and cross-complaint, alleging ownership, the right to possession and the wrongful seizure and retention by appellant. Appellant answered the cross-complaint, and upon…