McDonald v. Daniels

Citations

• 76 Kan. 388
• 92 P. 51
• 1907 Kan. LEXIS 274

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. REPLEVIN' — Parties—Beneficial Owner Need Not be Joined. One who holds the full legal title to personal property, the beneficial ownership of which he shares with another, may in his own name maintain an action to recover the possession thereof from a stranger.</p> <p>2. -Allegation of General Instead of Special Ownership— • Objection Insufficient. Where a plaintiff in replevin pleads general ownership, and at the trial it is developed that while he holds the full legal title to the property he is obliged to • account to another for a portion thereof, the question whether it was not necessary for him to have set out in his petition the full facts regarding his ownership cannot be raised by an objection that such facts show that he is not the real party in interest and is not entitled to recover all of the property.</p>