Ramsdell v. Buswell

'Replevin for a stove. There was •evidence tending to show that, prior to the date of the writ, ¡the defendant had sold the stove in controversy to his father, .and that at that time the same was in the possession and under the control of the father, and not of the son. The •defendant requested the presiding Justice to instruct the *547jury, if the stove was thus iu the possession and control of the father and not of the son, that, in such case, the action could not be maintained against the son, but he ruled otherwise, and that the action was maintainable.

The question presented is whether in a…