Moriarty v. Stofferan

Citations

• 89 Ill. 528

Syllabus

<p>1. Replevin—plaintiff must have right of possession. In an action of replevin, it is essential that the plaintiff should be entitled to the possession of the property at the time when the writ is sued out.</p> <p>2. Where a party is induced to sell property and take a note of the purchaser, and another, upon false and fraudulent representations as to the amount of property owned by the security, he may rescind the contract by offering to return the note, but he can not maintain replevin for the property sold until he does do so, and demands the property.</p>