In actions to recover the possession of chattels, it shall not be necessary to prove any conversion of the property if the defendant is in possession when the action is brought.
(Orig. Code 1863, § 2967; Code 1868, § 2974; Code 1873, § 3028; Code 1882, § 3028; Civil Code 1895, § 3887; Civil Code 1910, § 4483; Code 1933, § 107-101.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 18 Am. Jur. 2d, Conversion, § 51.
C.J.S.- 89 C.J.S., Trover and Conversion, § 117.
ALR.
- May trover be predicated upon the mere act of purchasing property from someone other than the true owner, without taking actual possession, 38 A.L.R. 1096.
Mere detention of or failure to deliver chattels after demand as conversion, 61 A.L.R. 621; 129 A.L.R. 638.
Corporate stock or certificate thereof as subject of conversion, 83 A.L.R. 1199.
Mere possession in plaintiff as basis of action for wrongfully taking or damaging personal property, 150 A.L.R. 163.
Sufficiency of proof in replevin of defendant's possession at time of commencement of action, 2 A.L.R.2d 1043.
Identification of animals involved in conversion action, 51 A.L.R.2d 1154.
Replevin or claim-and-delivery: modern view as to validity of statute or contractual provision authorizing summary repossession of consumer goods sold under retail instalment sales contract, 45 A.L.R.3d 1233.
Garageman's lien for towing and storage of motor vehicle towed from private property on which vehicle was parked without permission, 85 A.L.R.3d 240.