Coffin v. Gephart
Supreme Court of Iowa
Appeal from Wapello District Court. Replevin for a bull. The plaintiff being owner of the animal in controversy, left him in possession of his tenant, who, after using, working and treating him as his own for a considerable time, sold him to the defendant Gephart, who lived not far from plaintiff’s neighborhood. The defendant Gephart, after keeping the animal for some months, sold him to his eo-defendant Halsey.
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Appeal from Wapello District Court. Replevin for a bull. The plaintiff being owner of the animal in controversy, left him in possession of his tenant, who, after using, working and treating him as his own for a considerable time, sold him to the defendant Gephart, who lived not far from plaintiff’s neighborhood. The defendant Gephart, after keeping the animal for some months, sold him to his eo-defendant Halsey. There was a trial by a jury, with verdict and judgment for plaintiff, from which defendants appeal. The further necessary facts are stated in the opinion,
1Opinion of the CourtCole, J.
1. Contract: ratification. I. There appears to have been no controversy between the parties, as to the former ownership of ^e property by the plaintiff; but the defendants claim that plaintiff, after a full knowledge of the sale by his tenant, to the defendant Gephart, acquiesced in and ratified the sale, and looked to his tenant for pay for the property. There was evidence introduced, tending to show these facts.
The defendants asked the court to instruct the jury that, “ if any person, being in the lawful possession, sells the personal property of another without authority, and the owner…
2Cases cited2 opinions
- Shields v. GuffeySupreme Court of Iowa · 1859
- Mathews v. GillissSupreme Court of Iowa · 1855
3Cited by10 opinions
- Sinnott v. . FeiockNew York Court of Appeals · 1901
- Douglass ex rel. Osborne v. AgneSupreme Court of Iowa · 1904
- Dow v. DempseyWashington Supreme Court · 1899
- Hardy v. MooreSupreme Court of Iowa · 1883
- McLeod v. Humeston & Shenandoah R'y Co.Supreme Court of Iowa · 1887
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