Adams v. McMickle

The controlling question here is whether the allegations of plaintiff's amended complaint state grounds upon which a court of equity should require a successful plaintiff in an action of claim and delivery to forego his right to the possession of the personal property involved in such action and in lieu thereof accept a money payment either in the amount of the alternative judgment therefor allowed by the verdict of the jury and the costs and disbursements of said action, or in the aggregate amount of the unpaid part of the purchase price of said personal property and accruing interest as…