Phelan v. Bonham
Supreme Court of Arkansas
Appeal from the Washington Circuit Court. Replevin in the detinet, brought by Bonham against Phelan, and determined in the Washington Circuit Court, in November, 1847, before the Hon. Sebeon G. Sneed, then one of the circuit judges. The action was brought by the plaintiff to recover a grey mare.
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Appeal from the Washington Circuit Court. Replevin in the detinet, brought by Bonham against Phelan, and determined in the Washington Circuit Court, in November, 1847, before the Hon. Sebeon G. Sneed, then one of the circuit judges. The action was brought by the plaintiff to recover a grey mare. The defendant pleaded: 1st, non deiinet: 2d, a special plea, alleging that defendant came into possession of the mare by posting her as an estray under the statute, absque hoc, that he unlawfully detained her, &c.: 3d, property in himself: 4th, property in a stranger. Issues were taken upon the pleas,…
1Opinion of the CourtScott, J.
We find several errors in the proceedings of the court below and will proceed to point them out.
The suit was instituted for the recovery of an animal, which the plaintiff described in his declaration as'a “grey mare',” and to show property in himself he introduced several witnesses, who testified in substance on this point, that, some years before, the plaintiff had a sorrel mare colt fo aided with a white spot in her face shaped like the letter Y: that the colt had remained of this description until it was something over a year old, when it then commenced at the ears and head to turn grey,…
2Cases cited2 opinions
- Pirani v. BardenSupreme Court of Arkansas · 1843
- Wallace v. CollinsSupreme Court of Arkansas · 1843