Reynolds v. Donaway

Citations

• 30 Del. 461
• 7 Boyce 461
• 108 A. 139
• 1919 Del. LEXIS 56

Syllabus

<p>1. Replevin—Purpose of action.</p> <p>Replevin is' an action for possession of chattels taken or detained from the person entitled to their possession.</p> <p>2. Replevin—Title and right to possession of plaintiff.</p> <p>Replevin is founded on the general or special property of plaintiff in a chattel, and his consequent right to its immediate and exclusive possession.</p> <p>3. Replevin—Issue of property.</p> <p>The issue of property in replevin is not whether it is that of plaintiff or defendant, but whether the property is in plaintiff, with a consequent right to immediate and exclusive possession.</p> <p>4. Replevin—Burden of proof of plaintiff. •</p> <p>Plaintiff in replevin has the burden of proving a property in the chattels of such character as to give right to their immediate and exclusive possession.</p> <p>5. Replevin—Weakness of plaintiff’s title defense.</p> <p>Defendant in replevin may prevail on the weakness of plaintiff’s title.</p> <p>6. Husband and wife—Source of wife’s separate property.</p> <p>Under Rev. Code 1915, § 3058, property acquired by a married woman from any source other than her husband is her sole and separate property.</p> <p>7. Replevin—Damages to defendant.</p> <p>If defendant in replevin does not ask for return of the goods, and verdict is for him, he should be awarded damages equal to their value.</p> <p>8. Replevin—Damages to plaintiff.</p> <p>If finding is for plaintiff in replevin, the goods having been taken and placed in plaintiff’s possession, verdict should be for plaintiff for nominal damages and costs.</p>