Gaulden v. Hill

Citations

• 81 Fla. 251
• 87 So. 758
• 1921 Fla. LEXIS 591

Syllabus

<p>I. Where the articles claimed in a replevin affidavit are identical with those enumerated in the defendant’s forthcoming bond, it is error for the court to permit the defendant to offer evidence that he did not receive a part of the property-described in his forthcoming bond.</p> <p>2. One who gives a forthcoming bond in a replevin suit is estopped from denying that the property was in his possession at the commencement of the action, and the giving of the bond for the return of the replevied property precludes the defendant from asserting that less property was replevied than was described in the bond.</p> <p>3. Where defendants in a replevin action are permitted to retain possession of the property upon giving a forthcoming bond, they are estopped from denying that the property was found in their possession at the time of the levy of the writ.</p> <p>4. The recital in the bond of the amount of property in the possession of the defendant does not preclude the plaintiff from proving that he claims less property than is described in the affidavit or in the bond, and the introduction of such testimony by the plaintiff does not open the question so as to permit the defendant to assert and prove that less property was replevied than is claimed by the plaintiff.</p>