Rapple v. Hughes
Idaho Supreme Court
APPEAL from the District Court of Lemhi County. Honorable J. M. Stevens, Judge. From a judgment finding for plaintiff. The facts are stated in the opinion.
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APPEAL from the District Court of Lemhi County. Honorable J. M. Stevens, Judge. From a judgment finding for plaintiff. The facts are stated in the opinion. The correct rule in cases of this land is laid down by this court in Darkness v. Smith, 3 Idaho, 221, 28 Pae. 423, where it is said: “It is not enough that there is an actual delivery and an actual change of possession as between vendor and ven-dee, so long as the property, without legal excuse, is so placed back into the same condition and the same apparent relation to the vendor that there is no such manifest and continued change of…
1Opinion of the Court
STOCKSLAGER, J. —
This action was commenced in the probate court of Lemhi county by the plaintiff against the defendant as the sheriff of said county, in claim and delivery, alleging that the sheriff wrongfully levied upon and took possession of one certain cream separator, the property of plaintiff; that before the commencement of this action he demanded pos-ísession of said property which was refused by defendant; that :the property is worth the sum of $125, and that he has been -damaged by its wrongful detention in the sum of $50. Defendant denies the ownership or possession of said…
2Cases cited5 opinions
- Bassinger v. SpanglerSupreme Court of Colorado · 1886
- Lay v. NevilleCalifornia Supreme Court · 1864
- Simons v. DalyIdaho Supreme Court · 1903
- Hallett v. ParrishIdaho Supreme Court · 1897
- Sparks v. Lower Payette Ditch Co.Idaho Supreme Court · 1892
3Cited by6 opinions
- Western Mining Supply Co. v. QuinnMontana Supreme Court · 1909
- Sweetland v. Oakley State BankIdaho Supreme Court · 1925
- McMahon v. CooperIdaho Supreme Court · 1913
- Dearing v. HockersmithIdaho Supreme Court · 1913
- In re McCartneyDistrict Court, D. Idaho · 1914
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