Morgan v. Hedges
Supreme Court of Colorado
Appeal from District Court of Pueblo County. Morgan, the appellant, brought an action of replevin against Hedges, for the recovery of a quantity of farm produce and certain farming tools. The declaration was in the cepit and detinet; pleas: not guilty and property in the defendant'. The jury returned a verdict in favor of the defendant; a motion for a new trial was interposed and overruled, and judgment rendered on the verdict.
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Appeal from District Court of Pueblo County. Morgan, the appellant, brought an action of replevin against Hedges, for the recovery of a quantity of farm produce and certain farming tools. The declaration was in the cepit and detinet; pleas: not guilty and property in the defendant'. The jury returned a verdict in favor of the defendant; a motion for a new trial was interposed and overruled, and judgment rendered on the verdict. The record discloses substantially the following matters in evidence : Morgan, plaintiff, testified: 1 ‘ I rented a farm from Charles Goodnight, in fore part of 1875;…
1Opinion of the CourtElbert, J.
The stipulations in the articles of agreement that appellant, Morgan, should sell the products of'the ranch and keep a full account of all receipts and disbursements, involved an agreement for their possession to that end.
Where tenants in common of chattels agree that one shall have exclusive possession of the chattels, the tenant so entitled may maintain replevin against his co-tenant. Newton v. Gardner, 24 Wis. 232.
While the right of the appellant, Morgan, to the possession of. the products of the ranch for tie purpose of selling them, is fairly inferable from the terms of the agreement,…
2Cases cited1 opinion
- Newton v. GardnerWisconsin Supreme Court · 1869