Patterson v. Fowler
Supreme Court of Arkansas
Error to the Circuit Court of Jackson County. Hon. William C. Bevens, Circuit Judge. Evidence tending to show an illegal or immoral consideration for a bill of sale is admissible in impeachment of such instrument, and it is sufficient if such illegal or criminal purpose forms only a part of the consideration Donallen vs. Lenox, 6 Danu 91; 4 Peters 410; lb. 184. The plea of non-detinet to a declaration in the detinet puts in issue the plaintiff’s right of property.
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Error to the Circuit Court of Jackson County. Hon. William C. Bevens, Circuit Judge. Evidence tending to show an illegal or immoral consideration for a bill of sale is admissible in impeachment of such instrument, and it is sufficient if such illegal or criminal purpose forms only a part of the consideration Donallen vs. Lenox, 6 Danu 91; 4 Peters 410; lb. 184. The plea of non-detinet to a declaration in the detinet puts in issue the plaintiff’s right of property. Gould's Dig., chapter 145, sec. 34. So a plea of property in defendant imposes upon the plaintiff the onus of proving title. Dixon…
1Opinion of the CourtChief Justice English
Fowler brought replevin in the detinet against Patterson, in the Jackson Circuit Court, for three cows, a yearling and two bedsteads.
The defendant pleaded non-detinet, and property in himself, traversing plaintiff’s title. The case was tried by a jury, on issues to the pleas, and verdict and judgment for the plaintiff, and the defendant brought error.
The court gave the following instruction to the jury :
“ The property of the goods is admitted to be in the plaintiff by the plea of non-detinet. This relieves the plaintiff of the necessity of proving it to be his property.”
This instruction is…
2Cases cited1 opinion
- Dixon v. ThatcherSupreme Court of Arkansas · 1854
3Cited by1 opinion
- Johnson v. Poinsett Lumber & Manufacturing Co.Supreme Court of Arkansas · 1933