Pilgrim

This is an appeal from a judgment in a claim and delivery action, awarding plaintiff possession of a Peerless automobile, and damages for its detention. The complaint alleges that at the time of its filing, which was on November 30, 1925, plaintiff owned the automobile in question, that it was in possession of defendant, that plaintiff had demanded possession before bringing its suit, that defendant refused to deliver possession, that the car was of the value of $1,000, and that plaintiff had been damaged through defendant’s detention of the automobile in the sum of $250. Defendant, by an amended answer, filed on February 16, 1926, denied that plaintiff, when the complaint was filed, or at any time subsequent to August 5, 1925, owned the automobile, or was entitled to its possession; alleged that its value was $2,000; denied and damage to plaintiff by reason of defendant’s detention of the car; and as an affirmative defense asserted a damage to defendant of $1,000 occasioned through plaintiff taking possession of the car in the action; and asked that the ear be redelivered to him. or for judgment in his favor of $2,000 in the event the car could not be redelivered.

The trial…