Cady

This action was brought by the respondent, as assignee of an insolvent debtor, against the appellant, to recover certain, personal property alleged to have been the property of the insolvent at the time of the assignment.

The complaint alleges in substance that the property belonged to the insolvent; that the same was wrongfully withheld by him from the schedule of assets; that the defendant wrongfully, and without the consent of the plaintiff, came into possession of and retained the same, claiming to be the owner thereof, and that she had no title to or right to possession of said property, but that 'the same was the property of the insolvent, and the plaintiff, as his assignee, was the owner and entitled to the possession of' the same; that a demand had been made of the property, but the defendant had refused to give possession of the same.

It is contended by the appellant that the complaint was had because the plaintiff’s right to recover was based upon fraud, and the fraud was not alleged. But we do not understand that the cause of action depended upon a claim of fraud. The complaint was based solely upon the grounds that th^ plaintiff was the owner of the property in…