Legal Opinion

Branson v. Heckler

Supreme Court of Kansas

Decided July 15, 1879PublishedCited by 4 opinions

Error from Franhlin District Court. Replevin by John Heolder for certain vehicles of the aggregate value of $490, claimed by him as his own, and held by Ef. C. Branson under an alleged lien thereon for advances-for freight, storage and insurance. The action was tried at the September Term of the district court of Eranklin county for 1878, by the court, a jury being waived.

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Error from Franhlin District Court. Replevin by John Heolder for certain vehicles of the aggregate value of $490, claimed by him as his own, and held by Ef. C. Branson under an alleged lien thereon for advances-for freight, storage and insurance. The action was tried at the September Term of the district court of Eranklin county for 1878, by the court, a jury being waived. The court made the following findings of fact, viz.: One William Heckler, about the 1st day of October, 1877, a citizen and resident of Ohio, then owned and had in his possession the vehicles mentioned in the petition, in…

1Opinion of the Court

The opinion of the court was delivered by

Hokton, C. J.:

It is a general principle of the law of personal property, that no one can be divested of his property without his own consent. Founded upon this fundamental principle, the doctrine is well established, that if the owner loses his property or is robbed of it, or it is sold or pledged without his consent by one who has only a temporary right to its use by hiring or otherwise, or a qualified possession of it for a specific purpose, as for transportation, or for work to be done upon it, the owner can follow.and reclaim it in the possession…

2Cases cited2 opinions

  1. Wichita Savings Bank v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1878
  2. Sumner v. McFarlanSupreme Court of Kansas · 1875

3Cited by4 opinions

  1. Vaut v. GatlinSupreme Court of Oklahoma · 1911
  2. Charles Moe Co. v. J. H. Logue Co.Appellate Court of Illinois · 1903
  3. State Nat. Bank v. RoseberrySupreme Court of Oklahoma · 1915
  4. Webster v. BearMissouri Court of Appeals · 1910

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