Hoagland v. Cole
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. Action to recover damages for the conversion of personal property. Verdict and judgment for plaintiff. Defendant appeals. When the cause of action herein arose, and long prior thereto, the plaintiff Cole was the owner of a large ranch, containing about 900 acres, situate in Jefferson county, Colorado.
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Appeal from the District Court of Arapahoe County. Action to recover damages for the conversion of personal property. Verdict and judgment for plaintiff. Defendant appeals. When the cause of action herein arose, and long prior thereto, the plaintiff Cole was the owner of a large ranch, containing about 900 acres, situate in Jefferson county, Colorado. In the fall of 1887, Cole leased the ranch to one Banning for a term of three years from November 1,1887, to November 1, 1890. Among other things, it was stipulated that Banning should go upon the premises, take, use, and care for the personal…
1Opinion of the CourtJustice Elliott
This was an action in the nature of trespass, de bonis asportatis, at common law. In November, 1888, the defendant Hoagland, as sheriff of Jefferson county, by virtue of a certain writ of attachment against plaintiff’s lessee, Banning, seized and took into his possession certain hay raised and stacked upon the ranch by Banning during his occupancy. The hay was attached as the property of Banning.
*428Plaintiff, claiming the hay as his own, brought this action against Hoagland to recover the value thereof. Hoagland justified the seizure under the writ of attachment, claiming that the hay was the…
2Cases cited10 opinions
- Johnson v. WileyIndiana Supreme Court · 1881
- Thames Loan & Trust Co. v. BevilleIndiana Supreme Court · 1885
- Martin v. ForceSupreme Court of Colorado · 1877
- Gaynor v. ClementsSupreme Court of Colorado · 1891
- Dunne v. StotesburySupreme Court of Colorado · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Aspen Water & Light Co. v. City of AspenColorado Court of Appeals · 1894
- People ex rel. Straub v. BoughtonSupreme Court of Colorado · 1896
- Aspen Water & Light Co. v. City of AspenColorado Court of Appeals · 1894
- Brown Hotel Co. v. BurckhardtColorado Court of Appeals · 1899
- Brown Hotel Co. v. BurckhardtColorado Court of Appeals · 1899