Robinson v. Atterbury

The plaintiff replevied certain personal property from the named defendant, hereinafter called the defendant. He alleged ownership and right to immediate possession. The defendant filed a denial and, in a counterclaim, alleged ownership and right to immediate possession. She claimed a return of the goods and damages. Judgment was for the defendant on the complaint and counterclaim. The plaintiff has appealed. To prevail he must rely on the strength of his title rather than on the weakness of the defendant’s and must prove a right to immediate possession. M. Itzkowitz & Sons, Inc. v.…