Kersenbrock v. Martin
Nebraska Supreme Court
Error to the district court for Madison county. Tried below before Barnes, J. It was an action in replevin commenced by the present plaintiff in error against the said defendant in error for the recovery of certain personal property.
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Error to the district court for Madison county. Tried below before Barnes, J. It was an action in replevin commenced by the present plaintiff in error against the said defendant in error for the recovery of certain personal property. Plaintiff’ claimed title and right of possession by virtue of a certain chattel mortgage covering the property in question, executed by P. A. Sloan and Leopold Engler to the said plaintiff, Herman Kersenbrock, on the 26th day of March, 1880, which mortgage was duly filed in the county clerk’s office of Madison county, Nebraska. The plaintiff, by his agent,…
1Opinion of the Court
Lake, Ch. J.
This controversy is virtually between a mortgagee and certain of the creditors of P. A. Sloan and Leopold Engler. The defendant in error, who, as sheriff, seized the goods in controversy by virtue of an order of attachment, represents those creditors. There was a verdict and judgment for the defendant, and the plaintiff brings the case-here by petition in error.
Of the several errors assigned, the ones chiefly relied on to obtain a reversal of the judgment relate to the judge’s charge to the jury — the first, third, fioxwth, and sixth instructions given at the request of the…
2Cases cited3 opinions
- Black v. WintersteinNebraska Supreme Court · 1877
- Markel v. MoudyNebraska Supreme Court · 1881
- Frey v. DrahosNebraska Supreme Court · 1878
3Cited by2 opinions
- Williams v. StateNebraska Supreme Court · 1896
- Gamble v. WilsonNebraska Supreme Court · 1891