Fell v. Taylor
Superior Court of Delaware
The plaintiff put in his proof and rested, and the defendant moved for a nonsuit, the grounds for which motion are stated in the opinion of the Court.
1Opinion of the Court
Lore, C. J.:
A motion for a nonsuit in this case has been made, for the reason that the suit is brought by one of two joint owners of the property replevied for the undivided interest therein.
The pleadings and proof show this condition.
*373It is a general rule that all the joint owners of a chattel must join in replevin.
Morris on Replevin, 112.
It may be laid down as a general rule that the plaintiff must show that at the time of the caption he had a general property in the goods taken, and the right of immediate and exclusive possession.
2 Greenleaf on Evidence, Sec. 56; 14 Am. & Eng. Ency. of Law,…
2Cases cited2 opinions
- Frans v. YoungSupreme Court of Iowa · 1868
- Kindy v. GreenMichigan Supreme Court · 1875