Holmes v. Tarble

Mr. Presiding Justioe Adams

delivered the opinion of the court.

This was an action of replevin by plaintiff in error against John M. Tarble, Mils Bennett and Olaf Anderson, defendants in error, for three horses. The horses were taken on the writ and delivered to the plaintiff.

The declaration contained a count in replevin in the detimvit and a count in trover. The defendants pleaded to the first count three pleas, namely: first, non detinuit; second, property in the defendants; third, that the plaintiff being possessed of the horses, as of his own property, delivered the same to the defendants…