Rankin v. Kinsey

Rankin commenced a suit in replevin in the Tazewell Circuit Court against Rhinehardt, to recover the pos, session of one thousand bushels of corn.

At the return term Rankin dismissed his suit, and judgment was rendered against him for costs, and a writ of retorno habendo awarded.

This is a suit on the replevin bond, to recover the costs of the former suit and the value of the corn taken on the writ of replevin.

Rankin pleaded in mitigation of damages that the former suit was not tried on its merits, and that he was at the time when, etc., the owner of the property in the writ described.

Issue was…