Legal Opinion

Brown v. O'Neal

California Supreme Court

Decided July 12, 1892No. 14707PublishedCited by 13 opinions

Appeal from a judgment of the Superior Court of San Luis Obispo County. The facts are stated in the opinion.

1Opinion of the Court

Belcher, C.

This is an action to recover possession of a horse, alleged to have been wrongfully taken by the defendant from the plaintiff, or in case delivery cannot be had, for the value of plaintiff’s one-half interest in the animal, and damages for its detention.

The facts of the case, as found by the court below, are substantially as follows:—

On February 5, 1890, R. S. Brown and W. H. Taylor were the joint owners of a stallion, each owning a half interest. Taylor was an invalid, and Brown, by agreement between them, had possession of the animal, and was to manage him during the breeding…

2Cases cited2 opinions

  1. Watson v. RodgersCalifornia Supreme Court · 1879
  2. Newell v. DesmondCalifornia Supreme Court · 1883

3Cited by13 opinions

  1. Curtner v. LyndonCalifornia Supreme Court · 1900
  2. United Bank & Trust Co. v. PowersCalifornia Court of Appeal · 1928
  3. Swift v. HigginsCourt of Appeals for the Ninth Circuit · 1934
  4. Haster v. BlairCalifornia Court of Appeal · 1940
  5. Howe v. JohnsonCalifornia Supreme Court · 1895

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