Wilson v. Fuller
Supreme Court of Kansas
Error from Labette District Court. Replevin, brought by Mary Fuller to recover possession of a span of horses, double harness, and wagon. The pleadings are sufficiently stated in the opinion.
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Error from Labette District Court. Replevin, brought by Mary Fuller to recover possession of a span of horses, double harness, and wagon. The pleadings are sufficiently stated in the opinion. The record shows that one J. C. Munkers brought suit in the district court against L. Abel and Elias C. Boudinot, and procured an order of attachment therein upon which Wilson, as sheriff, had seized the property in question as the property of said Boudinot; that the sheriff placed the property in the possession of John Secrest, for his own convenience, taking a receipting bond from Secrest therefor;…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action of replevin, commenced by the defendant in error, Mary Fuller, against the plaintiff in error, Joseph C. Wilson, to recover a team of horses, harness and wagon. The answer was, first, a general denial; second, a justification as sheriff, holding the property under an attachment issued in an action in which one Munkers was plaintiff and L. Abel and Elias C. Boudinot were defendants, and alleging that the property belonged to Boudinot; and third, an allegation or plea that there was another action pending in the same…
2Cases cited31 opinions
- Sleeper v. Bullen & DustinSupreme Court of Kansas · 1870
- Kœhler v. BallSupreme Court of Kansas · 1863
- Moore v. WadeSupreme Court of Kansas · 1871
- Stumps v. KelleyIllinois Supreme Court · 1859
- Shirts v. IronsIndiana Supreme Court · 1867
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3Cited by56 opinions
- Simpson v. KimberlinSupreme Court of Kansas · 1874
- Whiteacre v. NicholsSupreme Court of Oklahoma · 1906
- Ogden v. WaltersSupreme Court of Kansas · 1873
- Farlin v. SookSupreme Court of Kansas · 1883
- Brown v. HolmesSupreme Court of Kansas · 1874
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