Miles v. Monroe
Supreme Court of Arkansas
Appeal from Howard Circuit Court; Tames S. Steel, Judge; 1. The evidence does not sustain the verdict. The facts that Mr. Wade was riding the mare a large part of the time, that the .two horses were kept together at his house all the time when he was not riding, that appellee never assessed the mare as her property nor did any one for her, and Wade’s claim to divers persons that he owned the mare, are inconsistent with a claim of a gift.
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Appeal from Howard Circuit Court; Tames S. Steel, Judge; 1. The evidence does not sustain the verdict. The facts that Mr. Wade was riding the mare a large part of the time, that the .two horses were kept together at his house all the time when he was not riding, that appellee never assessed the mare as her property nor did any one for her, and Wade’s claim to divers persons that he owned the mare, are inconsistent with a claim of a gift. There was nothing in the conduct of the parties to put the bank on inquiry whether the mare was appellee’s property. 76 Ark. 457; 77 Ark. 147; 78 Ark. 62; 84…
1Opinion of the CourtFrauenthae, J.
This was an action of replevin instituted by the plaintiff below, Hessie Monroe, to recover the possession of a sorrel mare. Both the plaintiff and defendant claimed title to the mare from a common source, by acquisition thereof from one J. M. Wade. The plaintiff claimed the property by virtue of an alleged gift made to her by Wade on April 7, 1909, and the defendant by virtue of a sale made under a mortgage executed by Wade on September 4, 1909. The plaintiff and said Wade on April 7, 1909, and for some years prior therto resided near Perryville in the State of Tennessee. The plaintiff is a…
2Cases cited8 opinions
- Prewit v. WilsonSupreme Court of the United States · 1881
- Driggs & Co.'s Bank v. NorwoodSupreme Court of Arkansas · 1887
- Williams v. SmithSupreme Court of Arkansas · 1899
- Rudy v. AustinSupreme Court of Arkansas · 1892
- Chambers v. SallieSupreme Court of Arkansas · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Marine Midland Bank v. MurkoffAppellate Division of the Supreme Court of the State of New York · 1986
- Fluke v. SharumSupreme Court of Arkansas · 1915
- Sieb's Hatcheries, Inc. v. LindleyDistrict Court, W.D. Arkansas · 1953
- Anderson v. GoinsCourt of Appeals of Texas · 1945
- Pryor v. BondDistrict of Columbia Court of Appeals · 1955
6 more not listed; retrieve them via the Exa API.