Fairbanks v. Malloy

This was an action in replevin by the appellants against the appellee to recover possession of a pump and boiler.- The declaration was in the usual form with counts in the cepit and detinet, to which the defendant filed pleas of non cepit, non detinetl&ná property in defendant.

There was a trial by the court, a jury being waived, and a finding for the defendant with judgment retorno habendo and for cost, to which plaintiffs excepted; and they bring the case here and assign error upon the rulings and finding of thacourt.

It appears from the record that the plaintiff sold to defendant a pump and…