Spores v. Boggs
Oregon Supreme Court
Appeal from Lane County. Tliis is an action to recover tlie possession of a certain mare of the value of sixty dollars, alleged to be the property of the appellant. The answer denies the ownership, and right of possession of appellant, and alleges that the daughter of respondent, Anietia Boggs, is and was at the commencement of the action, the owner of the mare, and in possession of her. The replication denies each allegation of the answer. The jury found for the respondent.
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Appeal from Lane County. Tliis is an action to recover tlie possession of a certain mare of the value of sixty dollars, alleged to be the property of the appellant. The answer denies the ownership, and right of possession of appellant, and alleges that the daughter of respondent, Anietia Boggs, is and was at the commencement of the action, the owner of the mare, and in possession of her. The replication denies each allegation of the answer. The jury found for the respondent. The appellant moved for judgment, notwithstanding the verdict on the ground that respondent’s disclaimer of ownership…
1Opinion of the Court
By the Court, Prim, C. J.:
It is admitted that respondent was entitled to judgment for costs and disbursements of the action; but it is claimed that that part of the judgment which requires the plaintiff to return the mare to defendant is erroneous. This claim of error is based upon the ground that respondent in his answer disclaims either the ownership or possession of the mare in dispute; and upon the further fact that respondent alleges that Anietia Boggs, the daughter of the respondent, is the owner of and was in possession of said property at the commencement of the action.
If appellant…
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