Simpson v. Wrenn

Citations

• 50 Ill. 222

Syllabus

<p>1. Replevin—action of—by whom may be maintained. A bailee of property may recover it of his bailor, if he can show that he is legally entitled to the possession and use under a valid agreement, although the latter may be the owner. And this action may be maintained by the owner, against any person wrongfully in the possession, as in such case, the right of property carries with it the right of possession; and any person 'having a special property in the chattel in question, entitling him to its possession, may recover it in this form of action, against any person, even the owner.</p> <p>2. Same—in this action—a bailee cannot set up title in himself as against the bailor. W borrowed a gun from S, and afterwards refused to deliver up the possession upon demand made by S, whereupon the latter brought replevin: Held, that W could not be permitted, in this action, to set up title in himself—that before he could raise that question he must restore possession to S.</p> <p>8. A person claiming to be the owner of a chattel, cannot be permitted to obtain possession by practicing such a fraud, and exonerate himself from returning it, by getting up title in himself.</p>