Legal Opinion

McClemy v. Brown

Superior Court of Delaware

Decided October 12, 1916No. 2PublishedCited by 3 opinions

Action by Myra McClemy against John Frank Brown and others. Verdict for plaintiff. Action brought by Myra McClemy against John Frank Brown, Theodore A. Veasey and Mary A. Veasey for the recovery of the possession of a certain automobile, the property of the plaintiff, she claiming that one A., while having the temporary use of the automobile, before the writ of replevin in this case was issued, unlawfully sold the same to the defendants. Verdict for plaintiff.

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Action by Myra McClemy against John Frank Brown and others. Verdict for plaintiff. Action brought by Myra McClemy against John Frank Brown, Theodore A. Veasey and Mary A. Veasey for the recovery of the possession of a certain automobile, the property of the plaintiff, she claiming that one A., while having the temporary use of the automobile, before the writ of replevin in this case was issued, unlawfully sold the same to the defendants. Verdict for plaintiff. The declaration is in the detinet, that is, the plaintiff alleges that the defendants still detain the property. It appears from the…

1Opinion of the Court

Boyce, J.,

charging the jury:

This is an action of replevin brought by Myra McClemy against John Frank Brown, Theodore A. Veasey and Mary A. Veasey to recover the possession or value of an automobile which the plaintiff claims the defendant's unlawfully detained from her.

The sheriff, under the writ of replevin issued in this case, replevied the automobile in question, but, upon a claim of property, the defendants giving a property bond, he left it in their possession.

[1] The action of replevin lies for the possession of goods and chattels unlawfully detained from the owner, or the person…

2Cases cited1 opinion

  1. Connally v. McConnellSuperior Court of Delaware · 1897

3Cited by3 opinions

  1. In Re Ford-Rennie Leather Co.District Court, D. Delaware · 1924
  2. Harlan & Hollingsworth Corp. v. McBrideSupreme Court of Delaware · 1949
  3. Frick v. MillerSuperior Court of Delaware · 1918

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