40 Mich. 691 | Mich. | 1879
The action in this case was replevin.
There certainly was some evidence given tending to show a demand, and the weight and effect thereof was properly submitted to the jury. As to the possession, there was a general assignment made to defendant by Roberts & Son. In the inventory of the property assigned was included the property in question. The assignee, although not in the actual possession of the property, yet had the control of the same, and in permitting the assignors to remain in possession he did not thereby, as to this plaintiff, so sever his right to and control over this property as to prevent them from maintaining this action against him. It may be that the possession of Roberts & Son was such that they could not have maintained replevin against defendant, but that is immaterial in this ease. Where property has been included in an assignment the actual possession thereof cannot be so manipulated between the assignor and assignee as to deprive or to render uncertain the rights and remedies of third persons claiming title thereto. If the ' assignee
"We discover no error and the judgment must be affirmed with costs.