Plaintiff insurance company paid the owner of a stolen automobile full value for his loss, and received in return the certificate of title with a proper assignment thereon. Later, having found the automobile in the possession of the defendant, a purchaser from a thief, plaintiff sued out a writ of replevin without first obtaining a new certificate of title in its own name. Held: because of his failure to obtain a new certificate of title in his own name, the plaintiff failed to sustain the burden of proving ownership in a replevin action.
It is a well-established rule of law that the plaintiff in a replevin action must bring the action on the strength of his own title, prior possession or right to possession. Here, because the plaintiff had failed to apply for a new certificate of title “within three days after delivery” of the automobile as required by Nebraska statute, the defendant was able to prove that title remained in the original owner.
Jerry C. Stirtz,
Property—Replevin Action—Assigned Certificate of Title Insufficient to Prove Ownership,
34 Neb. L. Rev. 145
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