Mills v. Redick
Nebraska Supreme Court
This was an action of replevin brought in the District Court of Douglas county. It was brought to recover the possession of certain houses which had been erected by Mrs. Mills upon the lot, the title to which was the subject of inquiry in Mills v. Paynter, infra 432. Under the judgment in that case she and her husband, who had charge of the property, were evicted, leaving the houses on the lot.
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This was an action of replevin brought in the District Court of Douglas county. It was brought to recover the possession of certain houses which had been erected by Mrs. Mills upon the lot, the title to which was the subject of inquiry in Mills v. Paynter, infra 432. Under the judgment in that case she and her husband, who had charge of the property, were evicted, leaving the houses on the lot. It appeared in evidencé that the houses Were set up on blocks as long as Mrs. Mills held possession of the lots. Paynter, the defendant in that case, leased the lots to Shelden, who moved the houses,…
1Opinion of the Court
The court,
by Streeter, J.,
held that the instruction was erroneous, that the houses were properly subject to replevin when the possession of them was taken from the plaintiff, and that the defendants could not be deprived of this x-emedy by any thing they had done with it.
Judgment reversed and cause remanded.
2Cited by6 opinions
- Central Branch Railroad v. FritzSupreme Court of Kansas · 1878
- Gafford Lumber & Grain Co. v. EavesSupreme Court of Kansas · 1923
- McDaniel v. LippNebraska Supreme Court · 1894
- McDonald v. ShepardSupreme Court of Kansas · 1881
- Ellsworth v. McDowellNebraska Supreme Court · 1895
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