Pritchard's Adm'r v. Culver
Superior Court of Delaware
Replevin. Pleas, non cepit and property. Trial and verdict for plaintiff; and motion in arrest of judgment. This cause was tried at the fall term, 1832, and the argument and result of the motion is reported in 1 Harr. Rep. 76; but the grounds of the decision are not given; and the judgment rendered appears to be contrary to the principles reported to have been decided. The following opinion of the court, drawn up by Judge Black, was accidentally omitted in the former report.
1Opinion of the Court
Black, Justice.
This is an action of replevin for taking and detaining a bed and furniture, a dining table, one chest, fifty bushels of corn, six hogs, four sheep, one cow, one horse colt, and one-third of four and a half stacks of fodder, of the goods and chattels of the plaintiff. The defendant pleaded non cepit and property; and the jury have found for the plaintiff, and assessed his damages to $91 50.
A motion has been made to arrest the judgment, on the ground that one tenant in common cannot maintain replevin for his undivided share of a chattel, and that the writ and declaration show,…
2Cases cited4 opinions
- Borden v. FitchNew York Supreme Court · 1818
- Hart v. FitzgeraldMassachusetts Supreme Judicial Court · 1807
- Steel v. President of Western Inland Lock NavigationNew York Supreme Court · 1807
- Phetteplace v. SteereNew York Supreme Court · 1807