Parliman v. Young
Supreme Court Of The Territory Of Dakota
Appeal from the District Court of Minnehaha County. Claim and delivery to recover possession of a horse, harness and wagon.
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Appeal from the District Court of Minnehaha County. Claim and delivery to recover possession of a horse, harness and wagon. The complaint alleges that on the 9th of April, 1878, the plaintiff was lawfully possessed of the property, then and ever since his property, of the value of $201. That on that day defendants wrongfully took the property from the possession of, and unjustly detain the same from plaintiff; damage to plaintiff in the sum of $125, a demand of delivery to plaintiff and refusal of defendants. The answer is, first, a denial of each and every allegation of the complaint, except…
1Opinion of the CourtKidder, J.
This case comes to us on an appeal from the District Court of Minnehaha county. It is an action to recover *180the possession of personal property, called replevin. The respondent, who was the plaintiff below, in his complaint alleges, that he was lawfully possessed of the horse and other property therein named. The answer of the appellants denies this, and says one J. A. Wilson was the owner of said property, and had mortgaged the same to them; and the mortgagor being in default on the mortgage, they had taken possession of the property for the purpose of foreclosing it. On this issue the case…
2Cases cited12 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- Davis v. DavisCalifornia Supreme Court · 1864
- Gaylord v. Van LoanNew York Supreme Court · 1836
- Morris v. SargentSupreme Court of Iowa · 1864
- Gill v. RiceWisconsin Supreme Court · 1861
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- Carson State Bank v. Grant Grain Co.North Dakota Supreme Court · 1924
- Smith v. PenceSouth Dakota Supreme Court · 1914
- Cutler v. Pittsburg Silver Peak Gold Mining Co.Nevada Supreme Court · 1911
- State v. JacksonSouth Dakota Supreme Court · 1907
10 more not listed; retrieve them via the Exa API.