Geary v. Prudhomme

1. Replevin will not lie for the recovery of an undivided interest in an article of personal property: Cobbey on Replevin (2 ed.) § 238 Halsey v. Simmons, 85 Or. 326, 327 (166 Pac. 944, L. R. A. 1918A, 321); Huffman v. Knight, 36 Or. 581 (60 Pac. 207); Phipps v. Taylor, 15 Or. 484 (16 Pac. 171).

The prayer of the complaint as amended in the course of the trial is as follows:

“Wherefore plaintiff prays judgment against the defendant that he, plaintiff, be adjudged to be the owner and entitled to the immediate possession of the certain device or patent, or applied for patent, known as the Gorden…