Legal Opinion

Frans v. Young

Supreme Court of Iowa

Decided May 6, 1868PublishedCited by 13 opinions

Appeal from Washington District Court. Replevin : eights oe joint tenants of peesonal pboperty. — This is an action of replevin for a mare, brought by F. F. Frans and Henry H. Frans, against Charles Young and Alexander Sewell. The petition alleges, that the plaintiffs are the absolute owners of the mare; that they loaned her to the defendants, who refuse, upon demand made, to deliver her up, etc.

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Appeal from Washington District Court. Replevin : eights oe joint tenants of peesonal pboperty. — This is an action of replevin for a mare, brought by F. F. Frans and Henry H. Frans, against Charles Young and Alexander Sewell. The petition alleges, that the plaintiffs are the absolute owners of the mare; that they loaned her to the defendants, who refuse, upon demand made, to deliver her up, etc. The answer denies the absolute ownership of the plaintiffs, the loaning, the demand, the wrongful detention, etc. A jury trial resulted in a verdict for the plaintiffs, upon which judgment was…

1Opinion of the Court

Dillon, Ch. J.

1. pledge AND SALE ON chattels : joint ownersMp-On the trial the plaintiff’s general ownership of the property was not, so far as we can learn from the record, contested. The main point ot controversy seems to have been, whether ^ ’ the defendants were not entitled to the possession of the animal by reason of an alleged pledge thereof to them by one of the plaintiffs.

It is certified in the bill of exceptions, that there was evidence “tending to show that the plaintiffs were joint owners of the property replevied, and that one of the joint owners, viz., Henry H. Frans (one of the…

2Cases cited8 opinions

  1. Wilson v. ReedNew York Supreme Court · 1808
  2. Mersereau v. NortonNew York Supreme Court · 1818
  3. Hyde v. StoneNew York Supreme Court · 1828
  4. Gock v. KenedaNew York Supreme Court · 1859
  5. Russell v. . AllenNew York Court of Appeals · 1855

3 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Swartzbaugh v. SampsonCalifornia Court of Appeal · 1936
  2. Keokuk Savings Bank & Trust Company v. DesvauxSupreme Court of Iowa · 1966
  3. Tuttle v. CampbellMichigan Supreme Court · 1889
  4. Ogilvie v. Idaho Bank & Trust Co.Idaho Supreme Court · 1978
  5. In Re CullenUnited States Bankruptcy Court, N.D. Iowa · 2005

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