Swope v. Crawford

Citations

• 16 Pa. Super. 474
• 1901 Pa. Super. LEXIS 96

Syllabus

<p>Replevin — Claim property bond.</p> <p>Where in an action of replevin, the property is retained and bond given by the defendant, the plaintiffs right to the property is turned into a chose in action ; his property in the thing itself is absolutely gone. If the plaintiff subsequently recovers, the defendant is answerable in damages for the taking and detention up to the time of the delivery, and, in addition, for the full value of the property. The property itself can in no event be recovered at law from the defendant; nor can he tender it afterwards, in discharge of the action, or even in satisfaction pro tanto of the damages claimed. Even the right of recaption in the plaintiff is determined by the election of the remedy by action.</p> <p>Replevin — Joint defendants — Plea of property — Death of one defendant.</p> <p>Where two persons are made joint defendants in an action of replevin and they enter a joint plea, it is competent for the defendants to show-title or the right of possession in both, or either of them; and if one of them dies it is competent for the survivor to show that the title and right of possession was in his codefendant.</p> <p>Replevin — Title of plaintiff — Evidence.</p> <p>Where a title of plaintiff in replevin, if any he has, is derived through an alleged purchase from one of the defendants, and the plaintiff offers no evidence of any right adverse to that title, it is not material to inquire as to the manner in which the defendant had originally acquired title.</p>