Duncan v. Owens
Supreme Court of Arkansas
APPEAL from Nevada» Circuit Court. Hon. L. A. Byrne, Circuit Judge. We respectfully refer to our abstract and brief at large herein for full statement and argument, to which we respectfully ask the attention of the court. We submit and insist that the demurrer, as to the first ground — defect of parties — was improperly sustained. Duncan, as trustee in the trust deed, properly brought the action in replevin. The judgment was in his favor as sole plaintiff and trustee.
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APPEAL from Nevada» Circuit Court. Hon. L. A. Byrne, Circuit Judge. We respectfully refer to our abstract and brief at large herein for full statement and argument, to which we respectfully ask the attention of the court. We submit and insist that the demurrer, as to the first ground — defect of parties — was improperly sustained. Duncan, as trustee in the trust deed, properly brought the action in replevin. The judgment was in his favor as sole plaintiff and trustee. He had the right to the custody of the property for the purposes of 'the trust, and also to the custody of the alternative…
1Opinion of the CourtCockrill, C. J.
The appellant, as the trustee named in a chattel mortgage with power of sale, sued out an order of delivery, with a capias clause, in an action of replevin against Owens, under Sec. 5574 of Mansfield's Revised Statutes. Owens was arrested, and afterwards released upon executing a bond with sureties, conditioned as required by Sec. 5577, Ib. He appeared to the action of replevin and made defense, but judgment was rendered in Duncan’s favor for the recovery of the mortgaged property or its value, in the usual form in such cases. Execution for the return of the property or collection of the…
2Cases cited3 opinions
- Champion v. NoyesMassachusetts Supreme Judicial Court · 1807
- De Myer v. McGonegalMichigan Supreme Court · 1875
- Jackson v. StateSupreme Court of Kansas · 1883
3Cited by4 opinions
- Lane v. AlexanderSupreme Court of Arkansas · 1925
- Eddings v. BonerCourt Of Appeals Of Indian Territory · 1897
- O'Brien v. AlfordSupreme Court of Arkansas · 1914
- Daniels v. WagnerSupreme Court of Arkansas · 1922