Evans v. Higgins

Williams, Judge:

D. B. Evans, trustee, brought an action of detinue against Fannie B. Higgins to recover possession of a piano and certain household furniture which James Higgins, her husband, had conveyed to said trustee, after he separated from her. The jury found for defendant, and, on motion of plaintiff, the court set aside the verdict and granted a new trial. The writ of error goes to that interlocutory order, as provided by sec. 1, ch. 135, Code 1906.

*641Defendant surrendered possession of some of tbe property conveyed by the trust deed before suit, but claimed other portions as a gift from…