Horn v. Reitler
Supreme Court of Colorado
Appeal from District Court of Jefferson County. In August, 1881, Robert Standering, appellee’s intestate, and plaintiff below commenced this action against Peter 0. Horn, the defendant, for the recovery of twenty-five head of cattle, alleging in his complaint that he was the owner and entitled to the possession thereof; that defendant had, without his consent, wrongfully taken said property, and had refused to return the same when requested; wherefore plaintiff prayed…
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Appeal from District Court of Jefferson County. In August, 1881, Robert Standering, appellee’s intestate, and plaintiff below commenced this action against Peter 0. Horn, the defendant, for the recovery of twenty-five head of cattle, alleging in his complaint that he was the owner and entitled to the possession thereof; that defendant had, without his consent, wrongfully taken said property, and had refused to return the same when requested; wherefore plaintiff prayed judgment for the recovery of the possession of said cattle, or for the sum of $1,000, the value thereof, in case the delivery…
1Opinion of the CourtJustice Elliott
Under the pleadings and admissions on the trial the material issues to be tried were: Did Standering make a sale of the cattle to Horn, with a condition of defeasance for a valuable consideration, as alleged in his answer; and did Horn acquire rights thereunder which had not been divested at the time of the commencement of the action? The proof and introduction of the bill of sale dated April 11, 1884, given, by Standering to Horn as security for his giving the bond for costs, substantially sustained the first issue in favor of the defendant.. The plaintiff had pleaded nothing in avoidance of…
2Cases cited3 opinions
- Landon v. EmmonsMassachusetts Supreme Judicial Court · 1867
- Richardson v. Alpena Lumber Co.Michigan Supreme Court · 1879
- Draper v. PerkinsMississippi Supreme Court · 1879
3Cited by11 opinions
- Horn v. ReitlerSupreme Court of Colorado · 1890
- Morse v. MorrisonColorado Court of Appeals · 1901
- Ilfeld v. ZieglerSupreme Court of Colorado · 1907
- John Deere Company of Kansas City v. CatalanoSupreme Court of Colorado · 1974
- Zinn v. Denver Livestock Commission Co.Supreme Court of Colorado · 1920
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