Smith v. Dorsey

This was an action of replevin for the possession of a gun alleged to be unlawfully detained by the defendant. The complaint was in the usual form. The de*452fendant answered by the general denial. By the agreement of the parties, the cause was submitted to the court for trial.

Upon the trial of the cause, the following facts were admitted to be true, and to be taken as such by the court in the decision of the case:

“First. That the plaintiff is the administrator of the estate of David W. Smith, deceased, who was the owner of the gun in controversy.

“Second. That previous to the death of said…