Florence & Cripple Creek Railroad v. Radetsky

Replevin will not lie against one not actually or constructively in possession of the property in controversy when the action is commenced—Bruce v. Horn, 11 Colo. App. 316; Rachofsky v. Benson, 19 Colo. App. 178; Wil*484lis v. DeWitt, 3 S. Dak. 281; Cobbey on Replevin, section 64—unless prior thereto and subsequent to demand, for the possession, he has concealed, removed or disposed of it for the purpose of avoiding the writ and defrauding the plaintiff of his right to such property. Depriest v. McKinstrey, 38 Neb. 194; Cobbey on Replevin, section 66. The-case at bar does not come within this…