Samuel Nelson

“ The plea of property in replevin is a good plea in bar of the action. It is true, the plea in this case is not in due form, and might have been held defective on demurrer; but it is good in substance. The form is to plead property in the defendant, or in a stranger, traversing propery in the plaintiff, which traverse raises the material issue to be tried-the averment of property in the defendant or a stranger being by way of inducement. Either plea constitutes a good defence, because it shows property out of the plaintiff ”