Young v. Terry

Citations

• 129 Miss. 281
• 92 So. 76

Syllabus

<p>1. Replevin. Declaration stating facts showing title cl right to 'possession in defendant is subject to demurrer.</p> <p>Where a declaration in replevin attempts to state the facts under which the plaintiff is the owner and entitled to the possession of the property, and the facts so stated affirmatively show that the title and right of possession are both in the defendant, a demurrer was properly sustained to this declaration.</p> <p>2. Replevin. Declaration stating that plaintiff is owner and entitled to possession, without alleging why, held not subject to demurrer.</p> <p>Where an amended declaration in a replevin suit is thereupon filed, which declaration omits to state in detail why the plaintiff is the owner, and why entitled to the possession of the property, but merely states the facts that she is the owner and entitled to the immediate possession of the property, and that the defendant wrongfully retains possession of it, this states a good cause of action, and a demurrer thereto should be overruled.</p> <p>3. Replevin. On demurrer to amended declaration, the court cannot consider the original declaration, where it is not an exhibit.</p> <p>Where a defendant demurs to an amended declaration, which amended declaration does not make the original declaration an exhibit thereto, the court, in passing upon the sufficiency of this declaration, cannot look to nor consider the averments contained in the original declaration, but is confined to those of the amended declaration.</p>