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A Practical Treatise on the Law of Replevin as Administered by the Courts of ...
Joseph Elliott Cobbey
No preview available - 2017
15 Mass 22 Pick action of replevin affidavit agent allege Allen assignee attachment bailee bailment Barb Blackf Bradw bring replevin brought chattel claim co-tenant common law contract court creditors crop Cush damages debt debtor default defendant delivered delivery demand detinue entitled erty execution exempt property fraud fraudulent gagee Gray held Hill interest Iowa Johns joint owner Jones judgment land levied lien lienholder maintain replevin therefor ment Miss mort mortgage mortgagor officer partner party payment personal property plaintiff pledge plevin posses prop property seized purchaser recover replevin for property Replevin lies replevin will lie replevin.1 rescind rescission right of possession rule seizure sell sheriff sion Smith sold special property statute stranger sufficient suit support replevin tain replevin taken tenant in common Tenn tion trespass trover true owner United States marshal vendee vendor Wend wrongful wrongfully
Page 281 - The plaintiff, in an action to recover the possession of personal property, may at the time of issuing the summons, or at any time before answer, claim the immediate delivery of such property as provided in this chapter.
Page 496 - ... if the property has been delivered to the plaintiff, and the defendant claim a return thereof. judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same.
Page 488 - It is an elementary principle in the law of all civilized communities that no man can be deprived of his property except by his own voluntary act or by operation of law. The thief who steals a chattel, or the trespasser who takes it by force, acquires no title by such wrongful taking.
Page 367 - ... to the effect that the plaintiff shall duly prosecute the action and pay all costs and damages...
Page 664 - In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action.
Page 490 - The acknowledged principle of the civil law is that a willful wrongdoer acquires no property in the goods of another either by the wrongful taking, or by any change wrought in them by his labor or skill, however great that change may be.
Page 489 - There is great confusion in the books upon the question what constitutes change of identity. In one case, (5 Hen. 7, fol. 15,) it is said that the owner may reclaim the goods so long as they may be known, or in other words, ascertained by inspection. But this in many cases is by no means the best evidence of identity; and the examples put by way of illustration serve rather to disprove than to establish the rule. The court say that if grain be made into malt, it can not be reclaimed by the owner,...
Page 491 - The civil law in such a case would have required him who retained the whole of the mingled goods to account to the other for his share, (Just.
Page 489 - They agree in another respect, to wit, that if the chattel wrongfully taken, afterwards come into the hands of an innocent holder who believing himself to be the owner, converts the chattel into a thing of different species so that its identity is destroyed, the original owner cannot reclaim it. Such a change is said to be wrought when wheat is made into bread, olives into oil, or grapes into wine. In a case of this kind the change in the species of the chattel is not an intentional wrong to the...