Lindsay v. Wyatt

Hollister, C'. J., and Clark, J., concurring.

Action of claim and delivery for the recovery of a mare. The complaint alleges that at the commencement of .the action, the plaintiff was the owner and entitled to the possession of the property therein described, and that defendant, after demand by plaintiff for its possession, unlawfully detained the same. The answer denies that plaintiff was the owner, or was entitled to the possession of the property; or that the defendant ever unlawfully withheld or detained it from the plaintiff. The cause was tried, and a judgment rendered for the defendant.

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