Gatlin v. Vaut
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Southern. District of the Indian Territory; before Justice Hosea Townsend, February 16, 1905. . Action by Fannie Gatlin against A. Vaut and another. From a judgment for defendants, plaintiff appeals. This is an action of replevin, instituted on September 19, 1904, by the appellant, Fannie Gatlin, against the appellees, for the recovery of two mules.
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Appeal from the United States Court for the Southern. District of the Indian Territory; before Justice Hosea Townsend, February 16, 1905. . Action by Fannie Gatlin against A. Vaut and another. From a judgment for defendants, plaintiff appeals. This is an action of replevin, instituted on September 19, 1904, by the appellant, Fannie Gatlin, against the appellees, for the recovery of two mules. The amended complaint is as follows, omitting formal parts: “That on the first day of March, 1901, plaintiff was the owner and in possession of said .mules and residing near Foster, in the Chickasaw…
1Opinion of the CourtClayton, J.
(after stating the facts). The only question presented here is, did the court err in sustaining the demurrer? The demurrer was sustained, on the ground that the complaint affirmatively shows that the plaintiff had been out of possession of the property for more than three years. Actions for the recovery of personal property must be brought within three years. Mansf. Dig. § 4478 (Ind. Ter. Ann. St. 1899, § 2945); Ford vs Ford, 22 Ark. 134. The defense of limitations cannot be raised by demurrer, unless it distinctly appears on the face of the complaint that the action is necessarily barred.…
Also in this document: Concurrence.
2Cases cited10 opinions
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3Cited by7 opinions
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