Schwald v. Brunjes

ELLISON, J. —

Plaintiff’s action is for the conversion of a lot of wood. He prevailed in the trial court.

Defendant challenges the petition filed by plaintiff on the ground that it does not state a cause of action. We think the point well made. The petition alleges that plaintiff was the owner of the wood, but it does not allege that he was ever in possession of it when converted or that he was- entitled to the possession. It merely alleges .ownership. There may be an ownership, —a right of property, — -without possession or a right to possession. One of these is necessary to an action of…