Buchanan v. Scandia Plow Co.
Colorado Court of Appeals
Appeal from the County Court of Sedgwick County. An action in replevin brought by appellee (plaintiff) against appellant (defendant) to recover a lot of farming implements and machinery. The complaint was in the usual form.
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Appeal from the County Court of Sedgwick County. An action in replevin brought by appellee (plaintiff) against appellant (defendant) to recover a lot of farming implements and machinery. The complaint was in the usual form. Defendánt answered — First, denying generally the allegation of the complaint; second, that he was sheriff of Logan county, and was in the possession of the goods by virtue of a writ of execution issued out of the county court of the county upon a judgment in favor of the Keokuk Stove Works Company, against the goods of Gordon & Chindgren, and that the goods were those of…
1Opinion of the Court
Reed, J.,
delivered the opinion of .the court.
The traverse of the allegations of the complaint put the plaintiff upon his proof of title or right to the possession of the chattels. The first fact attempted to be established was that the goods were furnished by the plaintiff to Gordon & Chindgren ; that the sale of them was not absolute, but conditional, and no title ever passed. 2d. That previous to the alleged levy, the goods were redelivered by Gordon & Chindgren to the plaintiff, possession taken, the goods separated from the balance of the stock, placed in a shed upon the premises of…
2Cases cited10 opinions
- Hopper v. LucasIndiana Supreme Court · 1882
- Belden v. LaingMichigan Supreme Court · 1860
- Holderman v. ManierIndiana Supreme Court · 1885
- Jones v. ClarkSupreme Court of Colorado · 1894
- Griffith v. SmithWisconsin Supreme Court · 1868
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Illinois Building Co. v. PattersonSupreme Court of Colorado · 1932
- Kelly v. LewisSupreme Court of Colorado · 1906
- Farmers Union Milling & Elevator Co. v. LoveLand Farmers Co-operative Produce Co.Supreme Court of Colorado · 1924
- Illinois Building Co. v. PattersonSupreme Court of Colorado · 1932