Brown v. Stanford
Supreme Court of Arkansas
Appeal from Crawford Circuit Court. Hon. Felix I. Batson Circuit Judge. The wrongful detention of the property only was put in issue. The plaintiff's title was not put in issue. Wallace did not set up title in himself or a third person, and th.e defendants were not entitled to a judgment of a return of property. See Hinny's L. C.. 542; The People vs. Niagara, 4 Wend. 219; Wend. 671; 1 John.
Read the full summary
Appeal from Crawford Circuit Court. Hon. Felix I. Batson Circuit Judge. The wrongful detention of the property only was put in issue. The plaintiff's title was not put in issue. Wallace did not set up title in himself or a third person, and th.e defendants were not entitled to a judgment of a return of property. See Hinny's L. C.. 542; The People vs. Niagara, 4 Wend. 219; Wend. 671; 1 John. R. 380; 12 Wend. 36; Rawle 283. It seems that the property was never taken, legally or illegally; consequently the. judgment should have been for costs only. As to the judgment for a return of property,…
1Opinion of the CourtJustice Faikchild
When this case was previously before this court, as Wallace vs. Brown, 17 Arks. 449, if was adjudged that Brown, the plaintiff below, and now the appellant, could not maintain replevin for the negro sued for, as he was not entitled to its immediate possession at the beginning of the suit, having hired the negro out for a term that had not then expired; and because Wallace had never had the negro in his possession and could not therefore be guilty of her detention. And because judgment was rendered against Wallace upon this state of the case, it was reversed and the case remanded for a new…
2Cases cited2 opinions
- People ex rel. Tower v. Niagara C. P.New York Supreme Court · 1830
- Saffell v. WashCourt of Appeals of Kentucky · 1843