Heying v. Roane
South Dakota Supreme Court
Appeal from 'Circuit Court, Tripp County. Hon. Wiujam Williamson, Judge. Action by Clara Hieying against George Roane, for conversion of a horse. From a judgment for defendant, and from ■an order denying a new trial, plaintiff appeals. There is no evidence that any other person than plaintiff owns the property. There is no evidence that plaintiff made any representations to defendant, nor that she remained silent at any time he was present when it was her duty to speak.
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Appeal from 'Circuit Court, Tripp County. Hon. Wiujam Williamson, Judge. Action by Clara Hieying against George Roane, for conversion of a horse. From a judgment for defendant, and from ■an order denying a new trial, plaintiff appeals. There is no evidence that any other person than plaintiff owns the property. There is no evidence that plaintiff made any representations to defendant, nor that she remained silent at any time he was present when it was her duty to speak. There is no dement of estoppel presented against her; the court should not have instructed thereon, and it was reversible…
1Opinion of the Court
McCOY, J..Plaintiff brought this action in conversion to recover of defendant the value of one certain horse claimed to be owned by her. There was verdict and judgment for defend*93ant,-and the overruling of a motion1 for a new trial, and plaintiff appeals, assigning errors of law and insufficiency of-the evidence.’
■From the record it appears that levy .was made upon said horse, together with some cattle, under an execution and judgment against the husband of appellant, and to which execution and judgment -she was not a party, and that said horse -was sold to defendant to satisfy said execution…
2Cases cited1 opinion
- Aldous v. OlversonSouth Dakota Supreme Court · 1903