Brower v. Goodyer

— The appellant bought goods of the appellees which they replevied iu this action, proceeding on the theory that the property was obtained from them by fraud.

Property obtained by fraud may be replevied by the seller from the buyer. If, however, the rights of innocent third *573persons have intervened it is otherwise, in cases where the former intended to transfer title by sale. Parrish v. Thurston, 37 Ind. 437.

Where there is evidence tending to show that an insolvent dealer bought goods not intending to pay for them, it is proper to ask him, when on the witness stand, what property he •owned,…