STATE OF NEW MEXICO
COUNTY
OF BERNALILLO
IN THE SECOND JUDICIAL DISTRICT
COURT
DAVID DERRINGER
Plaintiff,
No.
CV-12-10816
v.
BARRIE
CROWE AKA BARRIE DERRINGER
AKA BARRIE
BEVERLEY, ALAIN JACKSON,
GERALDINE (JERRY) CROWE, AND
WARREN
CROWE; ALL AS INDIVIDUALS,
Defendants,
PLAINTIFF’S
MOTION FOR ORDER FOR REPLEVIN OF ALL DAVID DERRINGER PROPERTY IN THE ILLEGAL
AND YET ADMITTED POSSESSION OF DEFENDANT BARRIE
CROWE AND DEFENDANT ALAIN JACKSON
AND SANCTIONS APPLICABLE AND ATTACHED SUPPORTING AFFIDAVIT FOR REPLEVIN
COMES
NOW the Plaintiff, David Derringer, representing himself Pro-Se with his Motion
as stated above.
Of
court record proper of DV-12-234 on February 21, 2012, Defendant Barrie Crowe
aka Barrie Derringer admitted under oath to having possession of David
Derringer property including, but not limited to a firearm rifle, clothing,
shoes and other items knowingly belonging to David Derringer. Of Court record
proper of DM-12-610 on August 23, 2012,
Defendant Barrie Crowe aka Barrie Derringer admitted under oath to having
possession of David Derringer property including, but not limited to a gold
wedding ring, clothing and many other personal property items of David
Derringer. Of APD and court records, Barrie with 12 other persons including two
bosses of Barrie named Debbie and Irwin Harms broke and entered the Derringer
storage at 101 Florida SE Unit C and stole and took many items of David
Derringer’s sole possession, including boots, clothing, weapons, equipment,
personal papers, and other property of value over $55,000.00. Phillips v. Washington Legal Foundation,
118 S.Ct. 1925U.S.Tex.,1998 Property is more than economic value; it also
consists of group of rights which so-called owner exercises in his dominion of
the physical thing, such as right to possess, use and dispose of it.
Under discovery, CV-12-10816, Barrie
Crowe is illegally protecting the identity of the 12 persons admitted by Barrie
Crowe on August 23, 2012 in DM-12-610 that assisted her on February 4th
, and 25th , 2012 to remove items from Derringer storage/shop at 101
Florida SE Unit C, in which these same persons did criminal assault and battery
against Plaintiff David Derringer. These 12 “other persons” are totally intertwined
with the “conversion” of the David Derringer property either by taking it for
themselves, or taking it deliberately or even inadvertently for Barrie,
despite which all are responsible for the liability and return of such items. Arizona & C. R. Co. v. Denver &
R. G. R. Co., 84 P. 1018N.M.Terr.,1906 One is not required to surrender
his property to whomsoever may choose to lay violent hands on it, no matter how
great the price or certainty of payment. The owner has the right to retain the
property itself under such circumstances, and is entitled to the protection of
the courts in so doing.; The Idaho,
93 U.S. 575U.S.N.Y.,1876 The title of the true owner of personal property
cannot be impaired by the unauthorized acts of one not the owner. Barrie Crowe
under oath on April 3, 2013
in DM-12-610 admitted that “I have only two eyes, and could not
constantly see what the other 12 persons were taking at all times”. Barrie
Crowe has admitted under oath to “possession” of David Derringer personal
property and yet has not yielded return of such property, forcing David to use
the courts for redress, without any “talking” or cooperation by Barrie Crowe at
any time either when David Derringer was still her “husband” after December 27,
2011, or later claims of David Derringer being her “ex-husband”. Martinez
v. Martinez,
2 Gild. 464N.M.Terr.,1883 The owner of personal property ought to
have the same right to recover the possession of it in specie when
wrongfully detained, as he has to recover a debt, and in either proceeding the
law should be equally liberal in allowing amendments in furtherance of justice.
; Weaver v. Lawrence, 1 U.S. 156Pa.Com.Pl.,1785In this state
replevin lies in almost every case where one man claims personal property
in the possession of another, no matter how that possession was
obtained, if the claimant has the right of immediate possession; and it
is immaterial whether the claimant ever had actual possession of the property
or not. Since Barrie Crowe admits to possession of David Derringer property,
there should be no problem with a court ordering Barrie
to return such property with attending damages for delayed and detained
possession. Munis v. Herrera, 1 Gild. 362N.M.Terr.,1862 property wrongfully
taken from him..may recover possession …by an action of replevin or its
value in an action of trover or trespass de bonis asportatis together with all
damages he has sustained for its wrongful taking and detention. In this matter,
Barrie Crowe and Alain Jackson willfully delay or use the “possession” of David
Derringer property as “extortion” to keep in possession until David Derringer
delivered a truck under unenforceable Final Judgment of DM-12-610 which is
under “stay pending appeal” legally and under such appeal with the NM Court of
Appeals No. 32,587. The vehicle in question of a 2005 Chevy Silverado was
legally “delivered” to Barrie Crowe on April
3, 2013 in DM-12-610 to her sole and exclusive “possession”.
“Extortion” is not a legal activity, and Barrie Crowe has also admitted under
oath that she “lies” on April 3, 2013
in DM-12-610.
Either Barrie Crowe, Alain Jackson
or the 12 other “persons” of attendance and conspiracy in the various break-ins
to storage at 101 Florida SE Unit C have possession, or Barrie Crowe knows who
has possession and thus attainability to “return” all personal possessions of
David Derringer including but not limited to:
Gold wedding
ring
Registration/travel
and identification papers of David Derringer horses, goats, llamas and other
livestock
David Derringer
piano and trumpet music
4 pairs cowboy boots
multiple boxes
and items of clothing of pants, shirts, jackets, belts, ties, coats, underwear,
and other items of “clothing”
camping and
related equipment
tools and
related equipment
boats and
various parts
weapons
including knives, swords, crossbows and firearms
ammunition
some of
the items are more defined as:
Missing and stolen items: Value
Metzeler inflatable boat in black bag $6,500.00
1 test meter ohms $120.00
1 Groves bow
41# recurve $1,800.00
5 Snap on test meters $1,100.00
1 Milwaukee
drill $150.00
1 car 12v to 110 inverter $240.00
1 personal afgan spread from deceased mother $150.00
1 box 24
fishing reels $2,600.00
1 bucket fishing equipment $250.00
1 fly rod $400.00
1 box fishing lures $400.00
1 Canadian Astro Daco recurve crossbow $650.00
1 Canadian Astro Daco compound crossbow $750.00
2 Kyrocera solar panels NIB $1,300.00
1 Trip inverter 110v $750.00
1 Outback inverter 110v/240v $1,400.00
1 Ridged tile saw $285.00
1 Ridged metal chop saw 14” $290.00
1 sears set nextex portable saw/drill/light $250.00
1 Milwaukee
sawsall $150.00
1 Medieval sword custom Mark Reese for DD 1972 $3,800.00
1 original Japanese katana vintage
1762 damascas $4,000.00
1 Cabelas’ BP rifle .36 $1,200.00
1 box ammunition assorted $350.00
1 assorted horse equipment $600.00
2 horse saddles $1,050.00
1 SOG knife $175.00
1 Phillips DVD/VCR 110 player $185.00
1 Magnavox portable 12v DVD player $230.00
1 computer monitor flat screen $450.00
1 HP printer $150.00
1 12 ton hydraulic jack $65.00
1 Milwaukee
grinder 5” $160.00
1 Mig welder Miller 110v/240v $900.00
1 set mechanic tools $300.00
Damaged
and vandalized items Value
1 dremel tool $120.00
1 typewriter IBM $250.00
3 reel to reel tape decks $1,100.00
1 clock radio $85.00
2 camp lanterns $110.00
1 test meter $210.00
1 broken ceiling fan $350.00
5 broken chemical bottles $85.00
12 destroyed locks $345.00
1 damaged industrial Singer sewing machine $600.00
1 radio receiver $140.00
1 receiver sound set $100.00
1 SCUBA tank valve $150.00
1 HP printer $185.00
2 broken marble slabs $90.00
1 reloading press $250.00
5 broken lamps $700.00
4 broken lamp shades $120.00
1 broken archery bow $1,800.00
4 pairs cowboy boots $490.00
1 propane heater $85.00
1 table $45.00
1 computer $450.00
1 torn down comforter $120.00
1 missing lathe parts $400.00
2 bicycles damaged $500.00
1 climbing ice axe bamboo $250.00
1 box computer discs/software $450.00
1 video box tapes $230.00
Broken furniture $340.00
Broken dishes $175.00
Value
of such David Derringer personal property is approximately $55,000.00. Robbins v. Wilkie, 433 F.3d
755C.A.10.Wyo.,2006 The right to exclude is a fundamental element of the
property right. A property owner's right to exclude extends to private
individuals as well as the government; the intruder who enters clothed in the
robes of authority in broad daylight commits no less an invasion of property
rights than if he sneaks in in the night wearing a burglar's mask.
Under NMSA 35-11-1 David Derringer is
entitled to “replevin” of personal property in the illegal possession of
Defendants Barrie Crowe, Alain Jackson and 12 persons of conspiracy association
with Barrie Crowe to include, but not restricted to Barrie Crowe’s bosses of
Debbie and Irwin Harms of NAI Maestas and Ward Commercial Real Estate
Corporation.
WHEREFORE Plaintiff David Derringer
requests Order from this court against Barrie Crowe and Alain Jackson to
immediately return all of the David Derringer possessions or immediately give
David Derringer the value of this personal property of an amount of $55,000.00,
and such other punitive, sanctions or other and further relief as this court
deems appropriate.
Respectfully submitted by:
______________________________________
David Derringer Pro-Se, Box
7431, Albuquerque,
New Mexico 87194
CERTIFICATE OF SERVICE April
8, 2013
I hereby certify
that I mailed a copy of this pleading for filing to:
Second Judicial District Court
400 Lomas NW
Albuquerque,
New Mexico 87102
I hereby certify
that I mailed a copy of this pleading to Defendant Jackson at:
423 6th
St. NW. Albuquerque,
New Mexico 87102
And to the attorney Floyd Wilson
for the other three Defendants at:
Floyd Wilson
12480 Hwy. 14 North. Ste.
105
Cedar Crest, NM
87008
STATE OF NEW MEXICO
COUNTY
OF BERNALILLO
IN
THE SECOND JUDICIAL DISTRICT COURT
DAVID
DERRINGER
Plaintiff,
No.CV-12-10816
v.
BARRIE
CROWE AKA BARRIE DERRINGER
AKA
BARRIE BEVERLEY, ALAIN JACKSON,
GERALDINE
(JERRY) CROWE, AND WARREN
CROWE;
ALL AS INDIVIDUALS,
Defendants,
AFFIDAVIT IN
REPLEVIN OF DAVID DERRINGER
I,
David Derringer, Plaintiff, being first duly sworn, state that Derringer has
uncontested and lawful legal possession of all Derringer personal property in
the adverse possession of the Defendants in the County of Bernalillo and David Derringer
personal property already stolen in conversion by the Defendants and 12 other
illegally protected persons of which Debbie and Irwin Harms of NAI Maestas and
Ward Commercial Real Estate are intertwined therein with illegal possessions of David Derringer property including
but not limited to:
Gold wedding
ring
Registration/travel
and identification papers of David Derringer horses, goats, llamas and other
livestock
David Derringer
piano and trumpet music
4 pairs cowboy
boots
multiple boxes
and items of clothing of pants, shirts, jackets, belts, ties, coats, underwear,
and other items of “clothing”
camping and
related equipment
tools and
related equipment
boats and
various parts
weapons
including knives, swords, crossbows and firearms
ammunition
some of
the items are more defined as:
Missing and stolen items: Value
Metzeler inflatable boat in black
bag $6,500.00
1 test meter ohms $120.00
1 Groves bow 41# recurve $1,800.00
5 Snap on test meters $1,100.00
1 Milwaukee drill $150.00
1 car 12v to 110 inverter $240.00
1 personal afgan spread from
deceased mother $150.00
1 box 24 fishing reels $2,600.00
1 bucket fishing equipment $250.00
1 fly rod $400.00
1 box fishing lures $400.00
1 Canadian Astro Daco recurve
crossbow $650.00
1 Canadian Astro Daco compound
crossbow $750.00
2 Kyrocera solar panels NIB $1,300.00
1 Trip inverter 110v $750.00
1 Outback inverter 110v/240v $1,400.00
1 Ridged tile saw $285.00
1 Ridged metal chop saw 14” $290.00
1 sears set nextex portable
saw/drill/light $250.00
1 Milwaukee sawsall $150.00
1 Medieval sword custom Mark
Reese for DD 1972 $3,800.00
1 original Japanese katana vintage 1762 damascas $4,000.00
1 Cabelas’ BP rifle .36 $1,200.00
1 box ammunition assorted $350.00
1 assorted horse equipment $600.00
2 horse saddles $1,050.00
1 SOG knife $175.00
1 Phillips DVD/VCR 110 player $185.00
1 Magnavox portable 12v DVD
player $230.00
1 computer monitor flat screen $450.00
1 HP printer $150.00
1 12 ton hydraulic jack $65.00
1 Milwaukee grinder 5” $160.00
1 Mig welder Miller 110v/240v $900.00
1 set mechanic tools $300.00
Damaged
and vandalized items Value
1 dremel tool $120.00
1 typewriter IBM $250.00
3 reel to reel tape decks $1,100.00
1 clock radio $85.00
2 camp lanterns $110.00
1 test meter $210.00
1 broken ceiling fan $350.00
5 broken chemical bottles $85.00
12 destroyed locks $345.00
1 damaged industrial Singer
sewing machine $600.00
1 radio receiver $140.00
1 receiver sound set $100.00
1 SCUBA tank valve $150.00
1 HP printer $185.00
2 broken marble slabs $90.00
1 reloading press $250.00
5 broken lamps $700.00
4 broken lamp shades $120.00
1 broken archery bow $1,800.00
4 pairs cowboy boots $490.00
1 propane heater $85.00
1 table $45.00
1 computer $450.00
1 torn down comforter $120.00
1 missing lathe parts $400.00
2 bicycles damaged $500.00
1 climbing ice axe bamboo $250.00
1 box computer discs/software $450.00
1 video box tapes $230.00
Broken furniture $340.00
Broken dishes $175.00
Value
of such David Derringer personal property is approximately $55,000.00.
David
Derringer purchased all above categories of Atrade
tools and equipment and personal property@
over a period of about 63 years.
1.
David Derringer is a registered NM professional
outfitter #32 and several other occupations of mechanic, farrier, prospector,
teacher of wilderness trades, guide, horse trainer, professional hunter, archery instructor, and
other occupations for the use of all equipment, parts, tools, and other tangible
items in adverse possession by the Defendants.
2.
David Derringer personal property was taken in three
consecutive break-ins by Defendants and 12 other illegally protected persons on
February 4, 25 and March 8, 2012 and in possession by Barrie Crowe after December
27, 2011 with no attempts by any Defendants to return any item, but admittance
by Barrie Crowe under oath in several court proceedings to “possession” of
David Derringer property, but with willful detainment for “extortion” purposes.
3.
Defendants have no legal right, no court order, no
title or other legal means to possess or sell or auction or detain any or all
of David Derringer=s trade
tools or other personal property, nor can the Defendants stop Derringer from
use of the US Courts to attain return of these items.
4.
Defendants are maliciously and viciously defying
Constitutional rights and all state laws to keep Derringer from his lawful
possessions, and must pay the value of any item not returned immediately.
Further, Affiant
sayeth naught.
____________________________________
Plaintiff Pro-Se David Derringer
SUBSCRIBED AND
SWORN TO before me this day of April 8, 2013 by David Derringer.
(Seal) ____________________________________
Notary Public
My commission
expires:_________________________
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