44 Tenn. 5 | Tenn. | 1867
delivered the opinion of the Court.
This is an action of replevin brought in the Circuit Court of Weakley, by the defendant in error, to recover the possession of a mule, which he alleges, is wrongfully detained from him. The plea ‘‘not guilty,” was filed to the declaration. The proof is very vol
This cause was submitted to a jury. The Court in substance, charged the jury, if they should find, from the proof that at the commencement of the suit, the title to the property in controversy, was in defendant in error, they should find for him, and assess his damages at one cent, he having replevied the animal.
But if they should find the mule in controversy, to be the one taken from the plaintiff in error, as is alleged, about the 1st of September, 1864, they would return a verdict, the plaintiff in error is guilty as alleged, and find the value of the mule in controversy, and assess the damages, against the plaintiff in error, and his securities, by reason of the wrongful detention from the day of replevin to the time of the trial; in which verdict they could allow the defendant in error the highest price he had proved the mule to be worth, in order to enforce the return to him by plaintiff in error. The counsel for the plaintiff in error, requested the Court, among other instructions, to give the following:
“ If Mat. Yowell obtained the mule by robbery, or force from the true owner, and afterwards traded it to*9 defendant in error, that such transaction 'would not communicate such title to the defendant in error, as would enable him to maintain the action.” The Court declined to give the instructions asked for, to which the plaintiff in error, excepted. A verdict' was rendered by the jury, for the defendant in error.
A new trial was moved for, which motion was overruled. Plaintiff in error, tendered his bill of exceptions, which was signed, anil made a part of the Record,' and the cause is before us upon writ of error.
Several questions have been discussed in the argument. The principle question presented for our consideration, is: Did the Court err, in refusing to give the instructions asked for by the plaintiff in error ? Eor the solution of this question, it becomes necessary to look to the object and purposes of the action of replevin, and see what defense can be made to the action.
The purpose of the action of replevin, is, to recover in specie, the personal chattel which had been taken and detained from the owner’s possession, under the plea of “not guilty.” It is competent for the defendant in this action, to show that the tiPe to the property replevied, is not in the plaintiff, but in himself, or a third person, and thereby defeat the action. The plaintiff cannot succeed, unless he prove either a general or special property in himself: 1 Sneed, 316; 2 Greenleaf Ev., 563.
Property acquired by robbery, does not vest such title in the trespasser as will authorize him to maintain the action. Nor does his vendee, by his purchase, acquire greater rights than those of his vendor.
It follows, therefore, where the property has been stolen, or the possession acquired by robbery, the trespasser cannot maintain an action for the detention of it. Nor can his vendee, where it appears from the proof, that the property was thus acquired.
The Court erred in refusing the instructions. Whether the possession of the property was obtained by robbery, by the vendor, of the defendant in error, or under a color of [a contract, was a question for the jury to determine from the proof.
That part of His Honor’s charge in which he instructed the jury; if they find the title to the property to be in the defendant in error, he was entitled to recover the property, and one cent damages for the detention, is error. But it is not such error of which the plaintiff in error, can complain. Section 3389, of the Code, provides, an issue being found for the plaintiff, the jury will ascertain the plaintiff’s damages for the seizure and detention, and judgment will be rendered
The judgment of the Circuit Court will he reversed, and a new trial awarded. The cause will be remanded.