Kocher v. Palmetier
Supreme Court of Iowa
Appeal from Calhoun District Court.- — How. S. M. Enwoon, Judge. Plaintiff, claiming to be tbe'absolute owner of certain lé bead of cattle, brings tbis action to recover tbe possession thereof, or tbeir value, alleged to be $310, from tbo defendant, and damages for tbe wrongful detention of said cattle.
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Appeal from Calhoun District Court.- — How. S. M. Enwoon, Judge. Plaintiff, claiming to be tbe'absolute owner of certain lé bead of cattle, brings tbis action to recover tbe possession thereof, or tbeir value, alleged to be $310, from tbo defendant, and damages for tbe wrongful detention of said cattle. Tbe defendant admits that be is in possession of said cattle, and that they are of the value alleged, but denies that plaintiff is tbe owner or entitled to tbe possession thereof, and claims that be is tbe absolute owner of said cattle, by purchase from plaintiff’s husband, Thomas Kocher.…
1Opinion of the CourtGiven, J.
I. Each party claims the right to the possession of the cattle in controversy by virtue of absolute ownership, and the controlling question is as to which party is the owner. Plaintiff’s claim of ownership is based upon evidence tending to show that she furnished the money with which the four cows described were purchased, that it was agreed between her and her husband that said cows and their increase should be her property, and that the cattle described are of the increase from, said cows. The defendant’s claim rests upon evidence tending to show that plaintiff’s husband, Thomas Kocher,…
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