Brook v. James A. Cullimore & Co.

436 P.2d 32 (1967)

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Brook v. James A. Cullimore & Co.

Oklahoma Supreme Court
436 P.2d 32 (1967)

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Facts

Cullimore (plaintiff) had a chattel mortgage on certain personal property possessed by Brook (defendant). Cullimore filed a replevin action to obtain possession of the personal property. The lawsuit included an affidavit that disclosed the value of the personal property to be $2,500. Brook offered to confess the judgment for the value of the personal property and deposited $2,500 with the clerk of the court. Cullimore refused to accept the money and sought to recover possession of the personal property. The trial court awarded possession of the personal property to Cullimore. Brook appealed to the Supreme Court of Oklahoma.

Rule of Law

Issue

Holding and Reasoning (McInerney, J.)

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