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In order to bring an action in replevin, plaintiff must be the owner of the property or have a special ownership or interest therein. Okla. Stat. tit. 12, § 1571(1)(b) (1977).
A diamond ring was stolen from the initial owner's possession. The initial owner's insurer had paid the claim for the loss of the diamond ring. The initial owner then filed an action in replevin against the subsequent owner to recover possession of the diamond ring. The trial court had granted summary judgment to the initial owner, and the subsequent owner appealed.
Did the initial owner have a right to maintain a replevin action against the subsequent owner?
The court noted that the initial owner's insurer had not paid the full loss of the ring, and the initial owner had the right to maintain a replevin action against the subsequent owner. Next, the court noted that the action in replevin was not barred by the two-year statute of limitations because the subsequent owner had not been in possession of the ring for two years. However, the court found genuine issues of material fact as to whether the subsequent owner had acquired the ring in good faith and for value. The court concluded that summary judgment was not proper in this case and remanded for a trial on the merits.