Chambers v. Hunt
Supreme Court of New Jersey
This cause came up from the Supreme Court by writ of error. The plaintiff had brought an action of replevin in the Supreme Court to recover a sloop, with her apparel. To a declaration in the usual form, defendant pleaded, that the sloop was the property of the defendant, and not the property of the plaintiff. Replication, that the sloop was not the property of the defendant, but of the plaintiff, and issue thereon to the.country.
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This cause came up from the Supreme Court by writ of error. The plaintiff had brought an action of replevin in the Supreme Court to recover a sloop, with her apparel. To a declaration in the usual form, defendant pleaded, that the sloop was the property of the defendant, and not the property of the plaintiff. Replication, that the sloop was not the property of the defendant, but of the plaintiff, and issue thereon to the.country. On the trial at the circuit, the plaintiff proved a conveyance of the sloop to him alone, by documentary title; the defendant, on-his part, offered proof that…
1Opinion of the CourtCarpenter, J.
This cause has heretofore been before this court, and certainly so much of the argument of the counsel of the plaintiff in error, as relates to the character of the plea of property, and to the evidence admissible under that plea, was then fully considered, and, I think, clearly settled, after a thorough examination, both by the counsel and the court. As I understand it, we then held, as clear law, that one of two joint owners, or tenants in common of personal property, could not maintain replevin against the other: and further, that in such action, property being pleaded by the defendant,…
2Cited by1 opinion
- Mandelbaum v. WeissNew Jersey Superior Court Appellate Division · 1950