Burckhalter v. Mitchell

Citations

• 27 S.C. 240
• 3 S.E. 225
• 1887 S.C. LEXIS 127

Syllabus

<p>1. A defendant who, in ignorance of plaintiff's claim to a horse, honestly purchased it from one who had tortiously obtained possession, is entitled to demand before action is brought against him for its recovery.</p> <p>2. Whether a demand was made is a question of fact which was properly left to the jury.</p> <p>3. The complaint alleged that defendant wrongfully detained a chattel, for the recovery of which the action was brought, and the answer was a general denial. Held, that the absence and necessity of a demand before action, is not an affirmative defence, but might be insisted upon by defendant under his general denial.</p>