Nature of the Case
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Facts
P instituted an action in replevin against D for the recovery of a violin, violin bow, and violin case. P alleged that the property was stolen in January 1933 and that in March 1938, P discovered it in the possession of D and made demand therefor which was refused. P alleged that D's possession acquired immediately after the theft, was not open, notorious and in good faith, and that D sought to conceal the identity of the violin by willful alteration of its appearance. D alleged that he purchased the property in good faith and for value, that same had been in his possession without concealment for more than five years and pleaded the statute of limitation as a bar to P's action. The jury verdict went to P, and D appealed.
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