Smith v. Smith

This is an action of replevin to recover seven hundred and sixty-four and thirteen sixtieths bushels of wheat of the value of $611.40, which plaintiff alleges that he owns, and that he is entitled to the possession of the same, and that it is wrongfully detained by the defendant. The prayer is, that plaintiff recover said wheat, or $611.40, the value, in case delivery cannot be had, and $100 damages for such taking and detention, with costs and disbursements. The answer denies the material allegations of the complaint, and then alleges in substance that defendant, at the time of said alleged…