1

2 3 4 5 6 7 8 9 10
11

IN THE 7TH JUDICIAL CIRCUIT COURT OF MISSOURI COUNTY OF CLAY - DIVISION 2 William Duff, Plaintiff,
v.

) CASE NO. 07CY-CV06125 ) ACTION ) FOR TRESPASS, AND ) TRESPASS ON THE CASE

12
13 14
15 16 17

OFFICER WILLIAM FRAZIER, (SERIAL 3092) AND OFFICER ALAN ROTH (SERIAL # 4090) Defendants.

) VERIFIED

MOTION FOR WRIT OF REPLEVIN Comes now; William Duff (hereinafter Duff, he, him, I, me), one of the people of Missouri, in this court of record, to seek replevin of specific property being held by William Frazier (defendant herein) or his agents and who is attempting to dispose of said property unlawfully, to wit; 1. Duff is the owner and/or the person lawfully entitled to the possession of the property described as one 1996 Buick Riviera 1G4GD2215T4710668 (see Bill of Sale copies attached) 2. The property is wrongfully detained by the defendant, and is held by an officer under legal process who has refused delivery on demand 3. Defendant intends to dispose of Duff's Property on or about July 31, 2007 4. The instant petition proceeds upon the law of this case as referenced in Exhibit F and the underlying action; Factual Basis; 1. Duff owes no debt to defendant or its agents as related to the claim(s) heretofore made;

18 19 20 21 22 23 24 25 26 27 28 29 30 31

AUG 0 1 2007
william duff Page 1

Clay County Circuit7<S)b3007

32 33 34 35
36

2. Defendant, armed with a gun, did, on or about June 5, 2007, seize Plaintiffs Automobile and personal property therein and claimed to deliver same to tow lot without Plaintiffs consent, wrong act or court order, judgment or ruling.

ARGUMENT; Plaintiff, here states, that Frazier and his agents possess no lawful right, title or interest in the property afore mentioned For the purpose of this writ, Duff wishes the immediate return of the automobiles referenced above.

37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57

PRAYER, Duff demands this court issue order of this court for writ of replevin with bond waived to be served immediately upon whoever has possession of the automobiles herein identified and for that property to be returned to Duff, and for all costs related thereto to be taxed against defendant and his agents, and for all other relief this court can and should provide. Duff will provide last known location of said property to Sheriff. Respectfully

William Plaintiff
Date:

william duff

Page 2

7/31/2007

BILL OF SALE
I, Johnny Jones, the sole owner of all right, title and interest of every kind, in the property described in detail at ebay.com in ebay.com's item # 4545916022, a 1996 Buick Riviera vin # Ig4gd2215t4710668, do cede all right, title and interest to said property, as described above, to William D Duff of 3030 NW Oak crest dr. K.C, Mo. 64151 in return for Two Thousand-Eight Hundred-Fifty ($ 2,850.00) U.S. dollars tendered at the signing of this document and in satisfaction of the auction agreement between the parties as a result of the ebay auction.

J
-ones (Print
Date

name here Witness Signed

>T Witness: Signed
Linda Talley

Sign up to vote on this title
UsefulNot useful