Gavigan v. Scott
Michigan Supreme Court
Error to Alpena. (Emerick, J.) REPLEVIN. Plaintiff brings error. As between man and wife,, use and possession of property is not evidence of ownership-in the husband: White v. Zcme 10 Mich. 333; Hill v. Chambers 30 Mich. 422; Davis v. Zwmnerman 40 Mich. 24, Possession and use of property and personal control over it are more convincing facts, sometimes, than testimony of interested persons as to ownership : Comstock v. Smith 20 Mich. 344; and may justify a verdict against…
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Error to Alpena. (Emerick, J.) REPLEVIN. Plaintiff brings error. As between man and wife,, use and possession of property is not evidence of ownership-in the husband: White v. Zcme 10 Mich. 333; Hill v. Chambers 30 Mich. 422; Davis v. Zwmnerman 40 Mich. 24, Possession and use of property and personal control over it are more convincing facts, sometimes, than testimony of interested persons as to ownership : Comstock v. Smith 20 Mich. 344; and may justify a verdict against such testimony: MoUtor v. Robinson 40' Mich. 200; a wide range is allowable in cross-examination in such cases: Campan v.…
1Opinion of the CourtSherwood, J.
The plaintiff in this case is the wife of John Gavigan, against whom the defendant, as sheriff of Alpena county, held an execution in 1882 for service, requiring him to collect thereon about the sum of four hundred dollars, and which the defendant levied upon a threshing-machine and horse-power as the property of the defendant, and took the same into his possession for the purpose-of making sale thereof under the execution. Thereupon the plaintiff laid claim to said property as hers, and demanded possession thereof. Defendant refused to give it up, and plaintiff brought her suit in replevin…
2Cases cited2 opinions
- Knowles v. PeopleMichigan Supreme Court · 1867
- Anderson v. RussellMichigan Supreme Court · 1876
3Cited by6 opinions
- People v. McGarryMichigan Supreme Court · 1904
- Langley v. SanbornWisconsin Supreme Court · 1908
- City of Warsaw v. FisherIndiana Court of Appeals · 1899
- Mitchell v. Tacoma Railway & Motor Co.Washington Supreme Court · 1894
- Bunce v. Mc MahonWyoming Supreme Court · 1895
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