Crawford

This is an action in replevin to recover the possession of a scow or lighter. The complaint is in the usual form. The answer, after denying wrongful detention, alleges, in effect, that on or about February 8, 1918, the defendant purchased the scow from one H. E. Ellis, individually, under an agreement as follows: “That, owing to an uncertainty or doubt then existing as to whether the title to said scow or lighter was in H. E. Ellis individually, or in H. E. Ellis, trustee for the Talkitna Lumber Company, a copartnership, it was agreed that in the event the title thereto was in or determined to be in H. E. Ellis individually, then and in that event said sale was to be absolute; otherwise, and in the event the title to said scow or lighter was in or determined to be in H. E. Ellis, trustee for the Talkitna Lumber Company, then and in that event defendant was to pay for its use and rental the sum of $5 per day.”

It is then further alleged that the title, at the time and prior thereto, was in'or determined to be in Ellis individually, and not in him as trustee, and that defendant thereby acquired title to the scow, by virtue of which he maintains his right to possession.

In support…