(a) An allegation by either party that the party pleading or a third person was, at the time when the action of replevin was commenced, or at the time the goods were replevied, the owner of the goods, or that they were then his property, is a sufficient statement of title unless the right of action or defense rests upon a right of possession by virtue of a special property interest.
(b) If the right of action or defense rests upon a right of possession by virtue of a special property interest, the pleading shall set forth the facts upon which the special property interest depends so as to show that, at the time when the action was commenced or the goods were replevied, as the case may be, the party pleading or the third person was entitled to the possession of the goods.
(c) The defendant may, by answer, defend on the ground that a third person was entitled to the possession of the goods without connecting himself with the latter's title.
(1949 Rev., S. 8261; P.A. 82-160, S. 211.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
Cited. 128 C. 198. Does not alter rule that plaintiff alleging general property and right to immediate possession must prove it to prevail. Id., 508. Where right of action rests upon a right of possession by virtue of a special property, the complaint must set forth the facts. 135 C. 517.
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