Census Federal Credit Union v. Wann

NEAL, Judge.

STATEMENT OF THE CASE

This is an appeal by the defendant-appellant, The Census Federal Credit Union, from an adverse judgment for trespass to personal property, in favor of the plaintiff-appellee, Richard Henry Wann.

We reverse.

FACTS

The facts most favorable to support the judgment are as follows: Plaintiff borrowed money from defendant and executed a note and a security agreement on his automobile to defendant. The parties stipulated at the trial that the note was in default and that defendant had “every right under the security agreement to repossess the automobile.” The security…