Draper v. Moseley

The Court charged the jury in this action of re-plevin, that the plaintiff could not maintain the action without showing a demand of the property in controversy before action brought. The plaintiff claimed a horse in the possession of defendant, which was seized under the writ and delivered to plaintiff. The defendant had bought and paid for the animal in good faith, without notice of any other claim of title. The verdict and judgment were for defendant. We think the Court erred in charging that proof of demand was necessary in such case. We are not aware that it has ever been thus held in…