Knox v. Hellums
Supreme Court of Arkansas
APPEAL from Lincoln Circuit Court. Hon. X. J. Pine all, Circuit Judge. The first instruction for appellee erroneous. It assume» •that if a wrongful, or any kind of taking, from appellee by appellant, is disclosed by the testimony, the burden of proof devolves on appellant to show that he had as good or better right than appellee, and if such taking was without the consent of appellee, it was prima facie evidence of title in him. Chap. CXV.
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APPEAL from Lincoln Circuit Court. Hon. X. J. Pine all, Circuit Judge. The first instruction for appellee erroneous. It assume» •that if a wrongful, or any kind of taking, from appellee by appellant, is disclosed by the testimony, the burden of proof devolves on appellant to show that he had as good or better right than appellee, and if such taking was without the consent of appellee, it was prima facie evidence of title in him. Chap. CXV. Gantt's Digest merely supplants the old remedy of replevin and detinue without changing its incidents. See New York decisions under a similar Code…
1Opinion of the CourtEnglish, C. J.
J. P. Heliums sued J. C. Knox, in replevin, before a justice of the peace of Lincoln county, ■for a bale of cotton. The judgment was against Heliums before the justice, and he appealed to the Circuit Court, where, on a trial de novo, the verdict and judgment were in his favor; a new trial was refused Knox, and he took a bill of exceptions and appealed to this court.
PEAC. TPx 0 e P-be^n^no-new trial,
I. On the trial, defendant offered a mortgage in evidence, which the court excluded, and he. excepted, but the ruling of the court in excluding the mortgage was not made .ground of the motion for a…
2Cited by9 opinions
- Perry County Bank v. RankinSupreme Court of Arkansas · 1905
- Security Bank & Trust Co. v. BondSupreme Court of Arkansas · 1918
- Mathieu v. RobertsNew Mexico Supreme Court · 1926
- Vaut v. GatlinSupreme Court of Oklahoma · 1911
- Geiser Manufacturing Co. v. DavisSupreme Court of Arkansas · 1913
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