RUPE v. FIRST NATIONAL BANK AT DOUGLAS

No. 3887.

485 P.2d 384 (1971)

DeLores C. RUPE, Appellant (Plaintiff below), v. FIRST NATIONAL BANK AT DOUGLAS and James Caldwell, Sheriff of Converse County, Wyoming, Appellees (Defendants below).

Supreme Court of Wyoming.

May 28, 1971.


Attorney(s) appearing for the Case

Alfred G. Kaufman, Jr., Douglas, Bard Ferrall, Cheyenne, for appellant.

Joseph B. Sullivan, Douglas, for First National Bank at Douglas. Thomas A. Burley, Douglas, for James Caldwell.

Before McINTYRE, C.J., and PARKER, McEWAN, and GRAY, JJ.


Chief Justice McINTYRE delivered the opinion of the court.

DeLores C. Rupe, plaintiff, commenced an action in replevin to recover a GMC livestock truck. The facts are not complicated or in material dispute.

Title to the vehicle was in the name of Thomas N. Rupe and/or DeLores C. Rupe. The defendant bank was a judgment creditor of Thomas N. Rupe only. It caused the sheriff to levy on the vehicle to satisfy its judgment. The vehicle was sold on execution sale...

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