Cumberland Coal & Iron Co. v. Tilghman

Le Grand, C. J., delivered the opinion of this court. This is an action brought by the appellee against the appellants, on a replevin bond. The Cumberland Coal and iron Company, sued out a writ of replevin, to obtain the possession of a. canal boat which was claimed as her property byr the appellee. To the action she pleaded non cepit and property in herself, to which the plaintiff in the replevin replied, property in itself, and joined issue on the plea of non cepit.

At the trial, the verdict, of the jury, and the judgment of the court, was in favor of the defendant, the present appellee, on both issues, and this action is brought by her to recover damages for her alleged injury. The question which was most frequently presented in the discussion to the mind of the court was — what is the nature of the estoppel, if any, of a judgment for defendant in an action of replevin? To our minds this question is involved in no mystery, but on the contrary is perfectly plain, when we remember the nature of the action of replevin in the State of Maryland. In this State the action is most generally resorted to, for the purpose of trying the right of possession at the time of the issuing of the writ, and not to determine necessarily the absolute title io the property for all lime.

And this being so, it follows, that if the plaintiff, at the time of the bringing of the suit, has the right to the possession, he must succeed; or, if he have it ⁸⁴ not that his action must be defeated. Whoever is entitled to the possession, whatever may be his title in other respects, may maintain or defeat the action of replevin. His right to success in the action of replevin depending entirely on his right to possession, in reason, it follows, that his title to damages must' be confined to the extent of the interference with that possession. If the right to the possession covers all time, or is limited to a determinate period, the damages will be accordingly graduated as the case may be.

In the case now before this court, the effort on the part of the defendants was, to show, as alleged by them, in mitigation of damages, title in the Cumberland Coal and Iron Company. Now this they could not do, because that question was decided in the replevin suit. It was, however, competent to them to show, that although the defendant in the replevin suit had title to the possession of the boat at the time of the judgment rendered in her favor, yet, that title was of but short duration, and terminated by contract in a short time after that judgment. No such evidence was offered to the court below; that is to say, the evidence of title of the