Young v. Couche
Superior Court of Pennsylvania
Appeal, No. 47, Oct. T., 1912, by defendant, from judgment of C. P., No. 3, Phila. Co., June T., 1909, No. 2,083, on verdict for plaintiff in case of Adaline Young v. Louis Couehe. Replevin for the possession of a horse.
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Appeal, No. 47, Oct. T., 1912, by defendant, from judgment of C. P., No. 3, Phila. Co., June T., 1909, No. 2,083, on verdict for plaintiff in case of Adaline Young v. Louis Couehe. Replevin for the possession of a horse. Before Davis, J. At the trial the defendant made the following offer: Mr. Eyre: I propose to prove by this witness that he was on June 29, 1909, and still is, the owner and occupier of premises at Seventy-second street and Haverford avenue, West Philadelphia; that said premises were inclosed on every side, partly by fences and partly by buildings; that the witness conducted a…
1Opinion of the Court
Opinion by
Head, J.,
The plaintiff’s ownership of the horse replevied being admitted she easily made a prima facie case. By way of defense the defendant offered to prove he had seized the horse while trespassing on his inclosed lot and had given notice to the owner that it would be held to secure compensation for the damage it had done. That he had thereby acquired a lien on the horse which gave him such a qualified right of possession as either to defeat the action or at least to entitle him to the conditional verdict provided for in see. 6 of the act of 1901. The learned trial judge refused…
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