Gardner v. Scovill

The complaint is in replevin to recover the possession of personal property. The objection to the complaint *273is that it is not averred that the plaintiff is the owner or has title to the property, nor that he had the right of possession by virtue of a special property therein as required by the Code of Civil Procedure (Sec. 1720). An omission of an averment to the effect that the plaintiff was the owner of the property sought to be recovered, or was entitled to its possession by virtue of a special property therein, has been often held to be a fatal defect in a complaint in replevin (Bond agt.…