Hill v. Derrick

BRICKEN, Presiding Judge.

Action of detinue, by appellee against appellant, for the recovery of a double-barrelled hammerless shotgun. Verdict and judgment for plaintiff, and defendant appeals.

The court properly charged the jury that the burden was on the plaintiff to show that at the time he brought the suit he must have had the legal title to the personal property sued for and also an immediate right to the possession thereof.

On the trial, the evidence was in conflict. The plaintiff offered evidence which tended to sustain the burden aforesaid, and the defendant offered some testimony…