Moore v. Ramsey & Legwen

1. An action of trover was instituted to recover described personal property. In her answer the defendant alleged that “she is the owner” of the property and ’’refuses to deliver” it to the plaintiffs. On the trial there was no evidence that the plaintiffs had made a demand upon the defendant for the property, or that she had refused to deliver. Reid, that, the defendant having alleged in her answer that she was owner and admitted that she refused to deliver the property to the plaintiffs, it was not incumbent upon them to prove a demand and a refusal of the defendant to deliver. Muse v.…