56 Ind. App. 650 | Ind. Ct. App. | 1914
Ella Shearer, hereinafter referred to as appellee, brought this aetion against appellant and her coappellee to recover possession of certain household goods and personal property alleged to havq) been, unlawfully and fraudulently obtained from her. The complaint was in two paragraphs. The second paragraph is the usual complaint in replevin. The first paragraph, in addition to containing the averments necessary and usual in a replevin aetion, averred in detail facts showing how the possession of the property in question was obtained from appellee, viz., that the appellant and appellee Tongret, conspiring to cheat and defraud appellee out of her property, made certain false and fraudulent representations whereby they induced appellee to accept as payment therefor certain stock that was worthless; that appellee offered to rescind, tendered back the stock so obtained by her and demanded the return of her property, etc. Appellant filed an answer in general denial. Appellee Tongret defaulted. The cause was submitted to the court for trial and it found for appellee and against appellant and said Tongret and rendered judgment awarding the possession of said property to appellee, together with one cent damage, etc. Appellant’s motion for a new trial was overruled and this ruling is the only error assigned.
Note. — Reported in 105 N. E. 917. As to when and against whom replevin is sustainable, see 80 Am. St. 741. See, also, under (1) 34 Cyc. 1405; (2) 34 Cyc. 1386; (3) 34 Cyc. 1402; (4) 34 Cyc. 1508; 20 Cyc. 122.