Williams v. Morgan

Cole, O. J.

It was insisted on the argument that this action could not be maintained, because, it was said, the evidence shows that the plaintiff was in the undisturbed possession of the goods as receiptor or bailee of the defendant when the suit was instituted, and consequently had no occasion to resort to this remedy. The proposition is doubtless correct, that replevin is a possessory action, brought to obtain possession of specific chattels, in which the plaintiff claims a general or special property, and the right to the possession thereof, and can only be sustained against one who has…