Rutan

1. The complaint herein sufficiently states a cause of action. It alleges that the plaintiff was “heretofore” the owner and entitled to the immediate possession of certain personal property, and that the *404 defendants, “within two years last past,” took possession and control of the property without the consent of the plaintiff, and converted the same to their own use and benefit, to the damage of plaintiff in the sum of sixteen hundred and nineteen dollars. The complaint does not allege the precise time at which the plaintiff was the owner, or at which the defendants took or converted the property, and was open to a demurrer for ambiguity in this respect. No such demurrer was filed, but the cause was tried before a jury upon the answer of the defendants denying the allegations of the complaint, and a verdict thereon was rendered in favor of the plaintiff. It is as consistent with the averments in the complaint to hold that the “heretofore” therein named included the time at which it is alleged that the defendants converted the property, as that it was prior thereto; and, as after judgment, every intendment is to he made in support thereof, it must be assumed that the proofs at…