Employers' Fire Insurance v. Cotten

The sole question on this appeal is whether, previous to the institution of an action to replevy a stolen chattel, demand must be made upon one in possession who originally was an innocent purchaser for value but who before the institution of the action had acquired knowledge of the theft and of plaintiff’s title, yet assumed to exercise dominion over the chattel and to make a counterclaim of title to it.

All the facts are conceded. A motor ear was stolen from its owner and plaintiff as insurer paid him for his loss and succeeded to his rights. Police officers found it in the garage of…