Higbee v. McMillan
Supreme Court of Kansas
Error from Lyon District Court. Replevin, brought by Higbee, to recover possession of thirteen yearling mules, which he claimed to own,i and which he alleged were wrongfully detained by- McMillan. Plaintiff dismissed his action without prejudice to a future action, and judgment in favor of McMillan was thereupon rendered, at the September Term 1875. Higbee brings the. case here on error for review. The opinion contains a sufficient statement of the facts and proceedings.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
In the fall of 1874, John A. Baker and Robert McMillan made a contract in reference to the pur*134chase of a lot of young mules for market. Baker claimed that the contract was in substance, “that he (Baker) should furnish the money to purchase a lot of weanling mules, and that when so purchased McMillan should take possession of them until they should be sold; that he (Baker) should have the right to sell them at any time; that upon their sale the net profits should be equally divided between him and McMillan.” On the other hand, McMillan…
2Cases cited2 opinions
- Shellabarger v. NafusSupreme Court of Kansas · 1875
- Campbell v. StateSupreme Court of Kansas · 1866
3Cited by17 opinions
- London & Lancashire Indemnity Co. v. CourtneyCourt of Appeals for the Tenth Circuit · 1939
- People v. LangtreeCalifornia Supreme Court · 1883
- Thomas v. First Nat. Bank of TecumsehSupreme Court of Oklahoma · 1912
- Lanning v. GaySupreme Court of Kansas · 1904
- Miles v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
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