30 Pa. Super. 463 | Pa. Super. Ct. | 1906
Opinion by
Replevin is the appropriate action whenever a person claims goods in the possession of another, without regard to the manner in which the possession was obtained. The question is one
What, then, must the plaintiff set forth and what is the order of procedure ? The statute requires that the declaration shall consist of a concise statement of the plaintiff’s demand, setting forth the facts on which his title to the goods and chattels is based. This has evident reference to the facts relating to his acquisition of the property and conditions which entitle him to its possession. Possession usually follows title and an
This conclusion disposes of the case without a consideration of the effect of a payment by the plaintiff on the ground rent charge.
The judgment is reversed, the demurrer is overruled and a procedendo awarded.