Maclary v. Turner
Supreme Court of Delaware
This was a writ of error taken in a case tried at the April term, A. D., 1892, in and for Kent County, being an action of replevin brought to recover a crop of hay, corn, and fodder grown upon the lands of a certain Mrs. Trumpeller. From the facts in the case, which were not disputed, it appeared that Mrs. Trumpeller was the owner of certain real estate situated in Kent county.
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This was a writ of error taken in a case tried at the April term, A. D., 1892, in and for Kent County, being an action of replevin brought to recover a crop of hay, corn, and fodder grown upon the lands of a certain Mrs. Trumpeller. From the facts in the case, which were not disputed, it appeared that Mrs. Trumpeller was the owner of certain real estate situated in Kent county. This property was demised for the year commencing March 1st, 1886, to A. C. McLean, who, under and in pursuance of that demise, entered into possession of the premises, agreeing to pay to Mrs. Trumpeller by way of rent…
1Opinion of the CourtCullen, J.
charged the jury as follows; This is an action which lies for the recovery of the special articles which have been taken or detained by a person whom the claimant holds has no right to them. Under this special form of action the value of the articles may be recovered in money, if the property itself cannot be found, or the property may be recovered by a judgment of “ Retorno Habendo” if the possession thereof can be had. If, however, an action of replevin be brought for the recovery of property which in the meanwhile has been used up, being of a perishable nature, or which has been removed so…
2Cases cited11 opinions
- Gibson v. StevensSupreme Court of the United States · 1850
- Hatch v. HatchMassachusetts Supreme Judicial Court · 1812
- Dixon v. NiccollsIllinois Supreme Court · 1866
- Alwood v. RuckmanIllinois Supreme Court · 1859
- Knapp v. IsenbergerSupreme Court of Iowa · 1877
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