This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...notes be proved in order to read them in evidence." 454. (7) Delivery to the plaintiff'.--A plaintiff desiring to prove that the property in controversy was taken from the possession of the defendant and delivered by him to the oflicer should do so by the oificer's return, and if that be not sufiicient, then further, by introducing the order of delivery (writ). The sherifi"s return is the best evidence of the fact of the delivery to the plaintiff.' Full relief cannot be obtained by the plaintiff unless he show the whereabouts of the property. He should show that the goods were delivered to him or that they were detained by the defendant.' Proof of delivery of the property to 'the plaintiff in Replevin does not tend to prove property in him.' Delivery must be averred in Replevin under a statute requiring an' immediate delivery (accompanied by an actual and continued change of possession) in order to constitute a sale of property valid as against creditors of the vendor. A complaint in Replevin (against a sheriff who had attached certain sheep as the property of the plaintifl: "s vendor) which alleges the purchase of the sheep while in the possession of the vendor, and his promise to herd and care for them until otherwise disposed of, but which fails to allege a delivery (a change of possession) at the time of sale or prior to the action is insuflicient.' 455. (8) Declarations.-Declarations made by a party at the time of the taking and removal of the goods claimed by another are part of the res gestw and admissible in evidence.' Declarations of a deputy officer made in relation to his official act at the time of a wrongful seizure are part of the res gestaa;...