Willys-Overland, Inc. v. Stry

Citations

• 76 Pa. Super. 315
• 1921 Pa. Super. LEXIS 143

Syllabus

<p>Replevin — Practice—Practice Act of 1915, P. L. 488 — Affidavit <of defense.</p> <p>The provisions of the Practice Act of 1915, P. L. 483, do not apply to actions of replevin. The procedure in such ease is governed by the Replevin Act of April 19, 1901, P. L. 88. There is no provision in the latter act, such as is contained in the Practice Act of 1915, that every allegation of fact in the plaintiff’s statement of claim, if not denied specifically or by necessary implication in the affidavit of defense, shall be taken to be admitted.</p> <p>In an action of replevin, an affidavit of defense is Sufficient which specifically denies the title of the plaintiff and allege? that defendant bought the article in dispute from one in possession under a claim of ownership not shown to have been derived from the plaintiff. If there is any doubt of plaintiff’s right to recover under the statement and affidavit of defense that doubt must be resolved in favor of a jury trial. This is especially the case with respect to re-plevin actions, where no contractual relation existed between the plaintiff and defendant and the latter was not in a position to have accurate knowledge of the former’s alleged ownership. A defendant in possession of an article should not be summarily deprived of his possession and ownership without a jury trial, where in his affidavit of defense, he shows that he purchased the article in good faith, for value and without notice of plaintiff’s claim of title from a person of good repute and in possession, under a claim of ownership not shown to have been derived from the plaintiff.</p>