Hill v. Van Sandt
Court of Appeals of Kansas
Memorandum. — Error from Neosho district court; L. Stillwell, judge. Replevin by Luther Hill against S. L. Van Sandt. Defendant had judgment, and plaintiff brings the case to this court. The statement of the case, as made by Dennison, J., is as follows : This is an action of replevin brought by Luther Hill, as plaintiff, against S. L. Van Sandt, as defendant, to recover a quantity of furniture, and for damages for wrongful detention of the same.
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Memorandum. — Error from Neosho district court; L. Stillwell, judge. Replevin by Luther Hill against S. L. Van Sandt. Defendant had judgment, and plaintiff brings the case to this court. The statement of the case, as made by Dennison, J., is as follows : This is an action of replevin brought by Luther Hill, as plaintiff, against S. L. Van Sandt, as defendant, to recover a quantity of furniture, and for damages for wrongful detention of the same. The defendant, S. L. Van Sandt, alleges in his answer that he was the sheriff of Neosho county, Kansas, and that .as such sheriff, on the 21st day of…
1Opinion of the Court
*371Tlie opinion of the court was delivered by
Dennison, J. :
The only question necessary to be decided in the determination of this case by this court is whether or not Luther Hill, the plaintiff, is estopped from setting up his ownership in the goods sued for in this case. If he were not so estopped, then the instructions would be erroneous and prejudicial, and this case would have to be reversed. In order to constitute an estoppel in pais, the doctrine is clearly laid down that all of the five following elements must be present:
“1. There must have been a representation or a concealment of…
2Cases cited2 opinions
- Carithers v. WeaverSupreme Court of Kansas · 1871
- Palmer v. MeinersSupreme Court of Kansas · 1877
3Cited by3 opinions
- Bouquot v. AwadSupreme Court of Oklahoma · 1915
- Hess v. MastersSupreme Court of Iowa · 1922
- Alexander v. BuschSupreme Court of Oklahoma · 1917