...respondent. Bowman v. Eaton. By the Court, TR STRONG, J. The first count in the complaint states that the plaintiff was the owner, and entitled to the possession, of the property in question ; that the property came into the possession of the defendant ; and that he wrongfully converted...

...understand on the question of vindictive damages, they would have a right to regard the fact, that the plaintiff was the owner and entitled to the possession of the property, a fact proven in the case. This last objection applies equally to the instructions in both cases. The...

...plaintiff was the owner and in possession of the property," is not traversed by an answer which denies that the "plaintiff was the owner and entitled to the possession of the property." Nor is the averment that the "defendant wrongfully took the property from plaintiff's possession, and...

...Cal., p. 591, it was held thnt the finding* by the Court below — that one of the defendants, and nut the plaintiff, was the owner, and entitled to the...and the decision was based upon the ground that the <>\vnei>hip and right of possession were not facts, in the legal sense of that term, but conclusions...

...the ownership of the property in question. A verdict for the plaintiff was, in effect, a finding that the plaintiff was the owner and entitled to the possession of the property ; but there should have been a finding as to the damages sustained by the detention of it. The court...

...Fourth judicial district court was •without jurisdiction to foreclose the mortgage, and that Snyder was the owner and entitled to the possession of the property in controversy. Pike has appealed to this court. McCARTY, J., after making the foregoing statement of the case, delivered...

...larceny. As tending to prove the contrary, it certainly was competent for the appellant to show that he, and not the plaintiff, was the owner, and entitled to the possession of the brick at the time of their controversy. The judgment rendered in the action between them, wherein...

...this plea is proper.8 § 709. The same. Illustrations. In Indiana, where the complaint alleged that the plaintiff was the owner, and entitled to the possession of the property " which the defendant lias possession of without right, and unlawfully detained from the plaintiff,"...

.../fr^., 431; ffarvey v. Brydges, 14 J/. ifc IF., 437; Meriton v. Coomles, 9 <7. ./?., 787.) If Hoyt was the owner, and entitled to the possession, of the property in question, at the time of the plaintiffs dispossession, the plaintiff could not recover against Hoyt....

...pais are wanting in this case. I am, therefore, of the opinion that, on July 7, 1866, Russell D. Miner was the owner, and entitled to the possession, of the property in question. On July 7, 1866, Russell D. Miner executed a conveyance to the defendants, whereby, for the...