Phelan v. Dalson
Supreme Court of Arkansas
Appeal from, Washington Circuit Court. Hon! A. B. Greenwood, Circuit Judge, presiding! Where a sale and delivery have been induced by fraud, all that passes between the parties is null, and notwithstanding an actual delivery, the vendor .in the eye of the law, retains not merely the right of property, but a constructive possession of the goods delivered.
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Appeal from, Washington Circuit Court. Hon! A. B. Greenwood, Circuit Judge, presiding! Where a sale and delivery have been induced by fraud, all that passes between the parties is null, and notwithstanding an actual delivery, the vendor .in the eye of the law, retains not merely the right of property, but a constructive possession of the goods delivered. (Ash vs. Putnam, 1 Hill 306, Cary vs. Hotailing, ib. 311.) So, in this case, where the payment was made in counterfeit money: which fact might well have been proved by circumstantial evidence. The court has nothing to do with the quantity or…
1Opinion of the CourtJustice Scott
This was action of replevin in the detinet. There was but one count, and in this it was alleged in the usual form, that the defendant had received the plaintiff’s horse, and although often requested had not delivered him, but unlawfully detained him. It was commenced against Malay in his lifetime, who having been afterwards killed by Dalson, his administrator, Phelan, interposed three pleas: first, non detinet', and in the other two, setting up property and the right of possession in deceased, Malay. Upon these pleas issues were joined, and submitted to a jury, who found for Dalson, and…
2Cited by8 opinions
- Buck v. GillhamCourt of Appeals of Arkansas · 2003
- Eureka Springs Sales Co. v. WardSupreme Court of Arkansas · 1956
- Russell v. BrooksSupreme Court of Arkansas · 1909
- Blackwell v. KinneySupreme Court of Arkansas · 1915
- Ambrosia v. SmithAppellate Court of Illinois · 1927
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