Stone v. Rogers

Citations

• 17 Pa. Super. 358
• 1901 Pa. Super. LEXIS 320

Syllabus

<p>Replevin — Property—Right of possession — Evidence.</p> <p>Replevin cannot be maintained without showing a general or special property in the plaintiff together with the immediate right of possession.</p> <p>In an action of replevin brought to recover possession of forty-three sheep alleged to be the increment of five sheep claimed by the plaintiff under an alleged agreement in writing by which the five sheep had been delivered by the plaintiff’s grandfather to .plaintiff’s uncle on condition that the increment should be delivered to plaintiff when he bécame of age, the court commits no error in entering a compulsory nonsuit where the alleged written agreement was not proved and the identity of the original sheep and their certain increase was a matter of mere speculation.</p>