REPLEVIN, § 37 — when replevin action based on equitable rights will not lie. In action to replevin automobile, where it appeared that vehicle had been purchased with plaintiff's money and title taken in her husband's name, who later sold it to purchaser who in turn sold it to defendant, it also appearing that although decree of separate maintenance ordered that automobile be redelivered to plaintiff by her husband, she permitted him to retain possession thereof, held that replevin action would not lie for reason that automobile was purchased by plaintiff's husband who had legal title and exercised all rights of ownership, and that both subsequent purchasers, of which defendant was one, took title free from plaintiff's equitable rights of which they had no notice.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE BURKE.
Not to be published in full. Opinion filed November 7, 1945; released for publication November 27, 1945.