Massachusetts Supreme Judicial Court January 15, 1863 (Chase v. Allen)

Bigelow, C. J.

We are of opinion that the answer did not admit property in the plaintiffs. The denial of the right of the plaintiffs to maintain the action, coupled with a distinct allegation of property in the defendant at the time of the alleged taking and detention, put in issue with substantial certainty the right of property in the plaintiffs, in the articles replevied, and required them to