Surles v. Sweeney

Py the Court,

Lord, J.:

This was an action of replevin. The plaintiff in substance alleges that he was the owner and entitled to the possession of a certain horse, and that the defendant, without his consent, wrongfully and unlawfully took said horse from his possession, and still unlawfully and wrongfully detains said horse from his possession to his damage, &c. The answer of the defendant denies each and every allegation of *23the complaint, and alleges affirmatively as separate defenses: First, That he is the owner and entitled to the possession by purchase, &e.; Second, That the plaintiff is…