Merrick, J.
Possession of the goods and chattels sued for by Alexander, in a shop kept by him before and at the time when they were taken by the defendant on this writ of replevin, was evidence tending to prove the title of Alexander thereto; and there being no proof that the replevin writ was given up and abandoned by or with the consent of Alexander, the evidence of possession should have been submitted to the jury for their consideration in determining the issue. New trial ordered.