Herd v. Herd
Supreme Court of Iowa
Appeal from Wright Circuit Court. Action to recover the possession of two horses. As to one of them, the plaintiff claimed possession on the ground that the horse was her property, and she 'claimed possession of the other because she was the widow of W. W. Herd. The cause of the detention of the horses was stated in the, petition to be that the defendant was administrator of the estate of ~W. W. Herd, and as such took possession of the horses.
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Appeal from Wright Circuit Court. Action to recover the possession of two horses. As to one of them, the plaintiff claimed possession on the ground that the horse was her property, and she 'claimed possession of the other because she was the widow of W. W. Herd. The cause of the detention of the horses was stated in the, petition to be that the defendant was administrator of the estate of ~W. W. Herd, and as such took possession of the horses. Trial by jury, judgment for the plaintiff, and defendant appeals.
1Opinion of the CourtSeevers, J.
1. Administrator: taking widow’s property: replevin: capacity of defendant. The defendant moved the court to substitute him as defendant in his representative capacity as administrator. This motion was overruled, and the court did not err in so ruling. The theory of the petition — and thereon the plaintiff ashed to recover . —is that the defendant was a trespasser. This being so, he is personally liable therefor, as is a sheriff who levies on and takes possession of property which the process in his hands does not justify him in doing. The defendant had no right to take the plaintiff’s…
2Cited by5 opinions
- Rick v. BoegelSupreme Court of Iowa · 1973
- Carr v. TateSupreme Court of Georgia · 1899
- Havill v. NewtonAppellate Court of Illinois · 1916
- Matter of Estate of SchieldSupreme Court of Iowa · 1981
- Kernott v. BehnkeAppellate Court of Illinois · 1941