Andrews v. Hoeslich

Citations

• 47 Wash. 220
• 91 P. 772
• 1907 Wash. LEXIS 743

Syllabus

<p>Replevin—Defenses—Possession of Defendant. The rule that replevin does not lie against one not in possession of the property, does not obtain where the defendant had been in possession and wrongfully disposed of the property prior to the commencement of the action, without the knowledge of the plaintiff at the time.</p> <p>Same—Tender—Keeping Good. If, in an action of replevin for property pawned, plaintiff is obliged to keep good his tender of the sum received on the pledge, it is sufficient if the money was paid into court and remained there before service of summons upon defendant, although not paid, as alleged, with the filing of the complaint.</p>