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TRAX, INC. v. TIDMORE

SC 1473.

331 So.2d 275 (1976)

TRAX, INC., a corporation v. John P. TIDMORE et al.

Supreme Court of Alabama.

April 23, 1976.

Attorney(s) appearing for the Case

Edwin K. Livingston and Drayton N. Hamilton Montgomery, for appellant.

J. Garrison Thompson, Selma, for appellees.

MERRILL, Justice.

This appeal is from a judgment in favor of defendants on their counterclaim to a suit in detinue. We reverse the judgment.

Appellant, Trax, Inc. (hereinafter Trax), filed a complaint, Count One in detinue, Count Two for conversion, of a Caterpillar tractor. The alternative value was stated to be $9,130.19. After filing the proper bond, and after a hearing, Trax, acting under the trial court's writ of seizure, took

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