Van Namee v. Bradley

Citations

• 69 Ill. 299

Syllabus

<p>1. Pleading—effect of pleas of non cepitand non detinet in replevin. In replevin, the pleas of non cepit and non detinet concede the right of property to be in the plaintiff, and only put in issue its caption and detention.</p> <p>2. Same—plea of property in another in replevin. The plea of properly in a third person in an action of replevin only puts in issue the plaintiff’s right to the property, the allegation of property in another being merely inducement to the traverse of the plaintiff’s right.</p> <p>3. Replevin—interest in property necessary to maintain. As against a wrong-doer, prior possession alone is sufficient to enable the plaintiff to maintain replevin. If the right of the plaintiff is better than that of the defendant, whatever it may be with regard to the rest of the world, possession is sufficient evidence of right against every one who is neither the true owner nor rightfully possessed.</p> <p>4. Same—property in another to defeat action. The property in the defendant, or a third person, sufficient to sustain a defense under such picas, must be such as goes to destroy the interest of the plaintiff', which, if existing, would sustain the action, or, in other words, such as would defeat an action of trespass, if brought in place of this action in case of a wrongful taking, or trover, if brought for a wrongful detention.</p> <p>5. If the plaintiff is in the rightful possession of property against all the world, including the real owner, he will be entitled to recover, notwithstanding a plea of property in the true owner, as against a mere wrong-doer who fails to connect himself with such true owner.</p> <p>6. Where a married woman was in the possession of property throusrh her agent, and the proof showed that she claimed the same, and tended also to show that she purchased it with her separate means, and the same was seized by the sheriff as the property of her husband under an execution against him, and there was no plea filed justifying under th