Gracy v. Seaboard Air Line Railway

The railway company instituted an action of replevin against Gracy to recover a lot of railroad crossties. The defendant pleaded not guilty, and also that the crossties are not the property of the railway company. Trial was had before a referee, and a writ of error was taken to a judgment for the plaintiff. Errors are assigned on the denial of a new trial and on the final judgment rendered. In his findings the referee states that the pleas set up affirmative matter and the burden was on the defendant to prove his title to the property; *303and it is further stated in the findings that the…