Board of Commissioners of Rush County v. Stubbs

The opinion of the court was delivered by

Brewer, J.:

This was an action of replevin for the possession of a frame building, one story in height, 18x20 feet in size, and having two doors and four windows. The case was tried upon an agreed statement of facts, and judgment rendered for the defendants. The following are all of such facts material to the decision of the question involved:

“ 2. That in the year 1876 the plaintiff was the owner of the, building described in plaintiff’s petition, which said building was then situate in the town of Rush Center, in Rush county.

*323“3. That afterward, to wit,…