Brook v. James A. Cullimore & Co.
Supreme Court of Oklahoma
436 P.2d 32 (1967)
Relevant factsFree
Cullimore (plaintiff) held a chattel mortgage on personal property in Brook's (defendant) possession and filed a replevin action to recover the property, supported by an affidavit valuing it at $2,500. Brook offered to confess judgment for that value and deposited $2,500 with the court clerk instead of returning the property, but Cullimore refused the money and insisted on getting the actual property back. The trial court awarded possession of the property to Cullimore, and Brook appealed.
IssueFree
Whether a defendant in a replevin action may pay the monetary value of the property in lieu of returning it, when returning the property is actually possible.
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