Alliance Loan & Inv. Co. v. Morgan, No. 33011
| Court | Supreme Court of Nebraska |
| Writing for the Court | Before SIMMONS; BOSLAUGH |
| Citation | 49 N.W.2d 593,154 Neb. 745 |
| Parties | ALLIANCE LOAN & INV. CO. v. MORGAN et al. |
| Decision Date | 25 October 1951 |
| Docket Number | No. 33011 |
Page 593
v.
MORGAN et al.
1. The facts necessary to entitle a plaintiff in replevin to succeed in the case must be shown to have existed at the time the action was commenced.
2. Any fact that transpires after the date of the institution of a replevin case is immaterial in the consideration and determination of the merits of the case.
3. A chattel mortgage on a motor vehicle is void as to creditors of the mortgagor unless a notation thereof is made on the face of the certificate of title to the vehicle as required by the applicable statute of the state.
4. The law requires that a plaintiff in a replevin case must recover on the strength of his right in or to the property and not upon any weakness of the interest of the defendant therein.
Page 594
5. The levy of a valid execution by a sheriff on nonexempt property of the judgment debtor creates in him a special interest in the property and the right to the possession of it.
6. If defendant in an action of replevin has only a [154 Neb. 746] special interest in the property because of a lien thereon, a judgment for him must be for a return of the property, or, in the alternative, for the value of the possession thereof if a return cannot be had and for damages for the withholding of the property and costs of the suit.
7. In such a case if the property cannot be returned, the measure of damage of the defendant is the amount of his lien with interest and costs, within the value of the property.
8. In such a case damages for withholding property taken on a writ of replevin may be recovered only if the property is returned to the defendant.
Townsend & Youmans, Scottsbluff, for appellants.
None for appellee.
Before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.
BOSLAUGH, Justice.
Jack E. Mack recovered a judgment against Maurice D. Moran in the district court for Scotts Bluff County, Nebraska, an execution issued thereon was delivered to Mahlon C. Morgan, sheriff of Scotts Bluff County, and it was by him levied upon a Studebaker truck owned by the judgment debtor. He took possession of the truck at the time of the levy and maintained it until the truck was taken from him on a writ of replevin. A mortgage on the truck had been previously given by the judgment debtor to appellees to secure a debt owing to them by him. Appellees instituted a replevin action in the county court and took the truck from the sheriff. The appraisal of the truck showed a value in excess of the jurisdiction of the county court and the case was certified to the district court. Appellees claimed right of possession of the property because of their chattel mortgage. The sheriff justified his possession under the execution and levy thereof.
[154 Neb....
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Clark v. Oldham, No. 34262
...an action or replevin, where the verdict is in favor of defendant, is mandatory.' See, also, Alliance Loan & Investment Co. v. Morgan, 154 Neb. 745, 49 N.W.2d 593; Landis Machine Co. v. Omaha Merchants Transfer Co., on rehearing, 142 Neb. 397, 9 N.W.2d 198; Jackson v. Arndt-Snyder Motor......
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Barelmann v. Fox, Nos. 89-499
...action was commenced. See Brown v. Hogan, 49 Neb. 746, 69 N.W. 100 (1896). As stated in Alliance Loan & Investment Co. v. Morgan, 154 Neb. 745, 747, 49 N.W.2d 593, 594 (1951), the focus is on the rights of the parties when the action is filed, and "[w]hat takes place thereafter is ......
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State Farm Mut. Auto. Ins. Co. v. Drawbaugh, No. 33547
...recover, and these must be shown to have existed at the time the action was commenced. See Alliance Loan & Investment Co. v. Morgan, 154 Neb. 745, 49 N.W.2d 593; Bank of Keystone v. Kayton, 155 Neb. 79, 50 N.W.2d Any fact that transpires after the date of the institution of a replevin c......
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Fuel Exploration, Inc. v. Novotny, No. 84-433
...595, 244 N.W.2d 209 (1976); Bank of Keystone v. Kayton, 155 Neb. 79, 50 N.W.2d 511 (1951); Alliance Loan & Investment Co. v. Morgan, 154 Neb. 745, 49 N.W.2d 593 (1951); Neb.Rev.Stat. § 25-10,103 (Reissue 1979). Moreover, they correctly argue, citing State Farm Mutual Auto. Ins. Co. v. D......
-
Clark v. Oldham, No. 34262
...an action or replevin, where the verdict is in favor of defendant, is mandatory.' See, also, Alliance Loan & Investment Co. v. Morgan, 154 Neb. 745, 49 N.W.2d 593; Landis Machine Co. v. Omaha Merchants Transfer Co., on rehearing, 142 Neb. 397, 9 N.W.2d 198; Jackson v. Arndt-Snyder Motor......
-
Barelmann v. Fox, Nos. 89-499
...action was commenced. See Brown v. Hogan, 49 Neb. 746, 69 N.W. 100 (1896). As stated in Alliance Loan & Investment Co. v. Morgan, 154 Neb. 745, 747, 49 N.W.2d 593, 594 (1951), the focus is on the rights of the parties when the action is filed, and "[w]hat takes place thereafter is ......
-
State Farm Mut. Auto. Ins. Co. v. Drawbaugh, No. 33547
...recover, and these must be shown to have existed at the time the action was commenced. See Alliance Loan & Investment Co. v. Morgan, 154 Neb. 745, 49 N.W.2d 593; Bank of Keystone v. Kayton, 155 Neb. 79, 50 N.W.2d Any fact that transpires after the date of the institution of a replevin c......
-
Fuel Exploration, Inc. v. Novotny, No. 84-433
...595, 244 N.W.2d 209 (1976); Bank of Keystone v. Kayton, 155 Neb. 79, 50 N.W.2d 511 (1951); Alliance Loan & Investment Co. v. Morgan, 154 Neb. 745, 49 N.W.2d 593 (1951); Neb.Rev.Stat. § 25-10,103 (Reissue 1979). Moreover, they correctly argue, citing State Farm Mutual Auto. Ins. Co. v. D......