Shaw v. Swope

Citations

• 8 Pa. Super. 491
• 1898 Pa. Super. LEXIS 85

Syllabus

<p>Trover and conversion — Gause of action — Assertion of ownership.</p> <p>If the defendant in an action of trover has no possession, actual or constructive, at the time of the demand and refusal and there previously has been no tortious taking or withholding, he is not liable; the mere assertion of ownership without in any way interfering with the property or the owner’s right to control it is not evidence of a conversion, especially if the defendant withdraws his claim when the owner makes demand.</p>