Campbell v. Hamilton
Supreme Court of Iowa
Appeal from Carrol District Court. This is an action of replevin for certain cattle. The plaintiff claims to be the absolute owner of the property. The defendant is sheriff of Carroll county, and claims that be is entitled to tbe possession of the cattle by virtue of an attachment at the suit of one Minchen against G. W. Campbell. There was a trial by jury.
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Appeal from Carrol District Court. This is an action of replevin for certain cattle. The plaintiff claims to be the absolute owner of the property. The defendant is sheriff of Carroll county, and claims that be is entitled to tbe possession of the cattle by virtue of an attachment at the suit of one Minchen against G. W. Campbell. There was a trial by jury. The court instructed the jury to return a verdict for the defendant, upon which a judgment was rendered, and plaintiff appeals.
1Opinion of the Court
Rothrook, Ch. J.
It appears from the evidence that .G. W. Campbell was tbe owner of tbe cattle in controversy. In the spring of 1882, one Jordan made up a herd of cattle composed of those belonging to different owners, and put them in charge of a boy to graze upon the open prairie. G. W. Campbell put the cattle in question into the herd about the first of June. In September the plaintiff went to the house of G. W. Campbell, and they went out on the prairie to tbe herd, and an oral contract was made by which the cattle were sold to the plaintiff, and the plaintff was to take them from the herd.…
2Cases cited2 opinions
- Thomas v. HillhouseSupreme Court of Iowa · 1864
- Sutton v. BallouSupreme Court of Iowa · 1877
3Cited by6 opinions
- King v. Wallace Bros.Supreme Court of Iowa · 1889
- National Bank v. O'BrienSupreme Court of Iowa · 1923
- Frankel Frank & Co. v. August Levi & Co.Supreme Court of Iowa · 1900
- Morrison v. OiumNorth Dakota Supreme Court · 1892
- In re KindtDistrict Court, S.D. Iowa · 1900
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