Sherburne v. Strawn
Supreme Court of Kansas
Error from Harper District Court. Action in replevin, by Sherburne against Strawn and others. At the January term, 1890, defendants had judgment, and plaintiff eomes to this court. The opinion states the facts.
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
This action was brought by the plaintiff to recover possession of a certain gray mare. The defendants answered, in substance, that the mare was the subject of litigation in an action between defendant Strawn and one Halsey; that Halsey, pending the litigation, sold the mare to Whitney, and Whitney to plaintiff, Sherburne; that afterward judgment was rendered in favor of Strawn for the recovery of the mare; that upon such judgment an execution was issued commanding the defendant Gardner, as sheriff, to take the property and deliver it to…
2Cases cited3 opinions
- McKinney v. PurcellSupreme Court of Kansas · 1882
- Turner v. ReeseSupreme Court of Kansas · 1879
- First National Bank v. GersonSupreme Court of Kansas · 1893
3Cited by5 opinions
- De La Beckwith v. Superior CourtCalifornia Supreme Court · 1905
- Wilson Motor Co. v. DunnSupreme Court of Oklahoma · 1928
- Farmers' State Bank of Arkansas City v. StephensonSupreme Court of Oklahoma · 1909
- Hill v. Prince Hall Grand LodgeSupreme Court of Kansas · 1958
- Triplett v. Farmers Union Coöperative Co.Supreme Court of Kansas · 1926