Legal Opinion

Coon v. Rigden

Supreme Court of Colorado

Decided December 15, 1878PublishedCited by 16 opinions

Error to County Court of Larimer County. Teespass de bonis asportatis. Plea not guilty and two special pleas, the first being : A plea of confession and avoidance, setting up a levy of an attachment writ upon the property in question, at the suit of Yeager against John H. Eigden, and that the property was the property of John H. Eigden, and in his possession at the time when, etc.

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Error to County Court of Larimer County. Teespass de bonis asportatis. Plea not guilty and two special pleas, the first being : A plea of confession and avoidance, setting up a levy of an attachment writ upon the property in question, at the suit of Yeager against John H. Eigden, and that the property was the property of John H. Eigden, and in his possession at the time when, etc. Second, actio non, “because they say that after the said defendant the said Marcus Coon had executed the aforesaid writ of attachment on said property, described in said declaration herein, and had taken said…

1Opinion of the CourtElbert, J.

Under date of February 15,1876, John H. Rigden sold to J. H. Yeager, certain cattle and other chattels, giving a bill of sale of the same. On the 18th of April following, Yeager sold the same property to Caroline Rigden, the wife of J. H. Rigden, the first vendor, also giving a bill of sale therefor. On the 20th day of April, 1877, Yeager sued out of the district court for the county of Larimer a writ of attachment against the goods and chat*279tels, lands and tenements of the said John H. Rigden, which was levied by the sheriff upon the property thus transferred, as the property of ’ J. H.…

2Cases cited3 opinions

  1. Davis v. ShieldsNew York Supreme Court · 1841
  2. Wilson v. LoomisIllinois Supreme Court · 1870
  3. Gauche v. MayerIllinois Supreme Court · 1862

3Cited by16 opinions

  1. Lake v. BenderNevada Supreme Court · 1884
  2. Council v. CohenMassachusetts Supreme Judicial Court · 1939
  3. Keith v. WellsSupreme Court of Colorado · 1890
  4. De Votie v. McGerrSupreme Court of Colorado · 1890
  5. California Canneries Co. v. ScatenaCalifornia Supreme Court · 1897

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