Jones v. McQueen
Utah Supreme Court
Appeal from the district court of the Third judicial district, Territory of Utah. Hon. S. A. Merritt, Judge. Action of replevin brought by plaintiff against defendant, as sheriff, for the possession of property or for damages. From a judgment in favor of the plaintiff, defendant appeals.. Proof of fraud in plaintiff’s title would certainly tend to destroy his right of possession as against one claiming under a writ of attachment against his grantor.
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Appeal from the district court of the Third judicial district, Territory of Utah. Hon. S. A. Merritt, Judge. Action of replevin brought by plaintiff against defendant, as sheriff, for the possession of property or for damages. From a judgment in favor of the plaintiff, defendant appeals.. Proof of fraud in plaintiff’s title would certainly tend to destroy his right of possession as against one claiming under a writ of attachment against his grantor. Any proof tending to do that is admissible in evidence, under a denial of plaintiff’s right of possession. Sehulenburg v. Earriman, 88 U. S. 44;…
1Opinion of the Court
Bartch, J.:
The defendant in this case, as sheriff of Salt Lake county, under a writ of attachment, levied upon, seized,, and afterwards, under execution, sold certain personal property. The plaintiff, claiming to be the owner thereof, and that 'he was wrongfully deprived of its possession, brought this suit in replevin to recover its possession, or the value thereof. The jury found that he was the owner and entitled to the possession, and the value of the property, with accrued interest, to be $3,252.72. After judgment was entered in accordance with the verdict, and a motion for a new trial…
2Cases cited16 opinions
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Thornburgh v. HandCalifornia Supreme Court · 1857
- Eureka Iron & Steel Works v. BresnahanMichigan Supreme Court · 1887
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- Mather v. HutchinsonWisconsin Supreme Court · 1869
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3Cited by9 opinions
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