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.