COUNTS v. BRITT AND HANKS

No. 29.

52 Pa. D. & C. 2d 758 (1971)

Counts v. Britt and Hanks

Common Pleas Court of Fulton County, Pennsylvania.

January 22, 1971.


Attorney(s) appearing for the Case

Albert Foster, for plaintiff.

Merrill W. Kerlin and Thomas M. Painter, for defendants.


MACPHAIL, P. J., January 22, 1971.

In this replevin action, defendant, Hanks, has filed an answer with new matter. Plaintiff has filed a preliminary objection to the answer and new matter in the nature of a demurrer. The disposition of the demurrer is now before us.

From the pleadings it appears that plaintiff seeks to recover possession of a 1957 AC Caterpillar Tractor Model HD 5. Defendant, Hanks, admits he has possession of the tractor, but says he is entitled...

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