Heathcock v. Hadley

The plaintiff, as administratrix of the decedent, sued the defendant for the recovery of certain personal property or its alternate value. The trial court entered judgment in favor of the plaintiff for $4,350 and the defendant appeals.

The dispositive issue on appeal is whether the evidence supports a judgment in favor of the plaintiff. We find that the evidence does not support the judgment and reverse.

At the outset, we note that it is not clear from the pleadings nor the record before this court whether the theory of recovery was one of detinue or conversion. Under either theory, the…