(a) An allegation by either party that the party pleading or a third person was, at the time when the action of replevin was commenced, or at the time the goods were replevied, the owner of the goods, or that they were then his property, is a sufficient statement of title unless the right of action or defense rests upon a right of possession by virtue of a special property interest.
(b) If the right of action or defense rests upon a right of possession by virtue of a special property interest, the pleading shall set forth the facts upon which the special property interest depends so as to show that, at the time when the action was commenced or the goods were replevied, as the case may be, the party pleading or the third person was entitled to the possession of the goods.
(c) The defendant may, by answer, defend on the ground that a third person was entitled to the possession of the goods without connecting himself with the latter's title.
(1949 Rev., S. 8261; P.A. 82-160, S. 211.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
Cited. 128 C. 198. Does not alter rule that plaintiff alleging general property and right to immediate possession must prove it to prevail. Id., 508. Where right of action rests upon a right of possession by virtue of a special property, the complaint must set forth the facts. 135 C. 517.
Structure Connecticut General Statutes
Section 52-515. - When action of replevin maintainable.
Section 52-516. - Commencement of action of replevin. Prejudgment remedy.
Section 52-517. - Replevin for property attached.
Section 52-518. - Replevin writ; affidavit as to value of goods and recognizance required.
Section 52-519. - Form of writ, affidavit and bond.
Section 52-520. - Determination of jurisdiction of court.
Section 52-521. - Replevin; service; new bond; voiding of process.
Section 52-525. - Statement of title.
Section 52-527. - Transfer of cause to higher court.
Section 52-528. - Procedure on withdrawal or nonsuit of plaintiff.
Section 52-529. - Burden of proof. Evidence. Damages and costs.
Section 52-530. - Damages for property not replevied. No costs against common carrier.
Section 52-531. - Nonresident defendant; security for costs.