McCraw v. Welch
Supreme Court of Colorado
Error to District Court, Gilpin County. Charles O. Welch brought replevin in the district court of Grilpin county against Hugh McCraw, for certain goods and chattels alleged to be of the value of $200. The writ was issued August 20, 1870, and the declaration was in the cepii and detinet.
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Error to District Court, Gilpin County. Charles O. Welch brought replevin in the district court of Grilpin county against Hugh McCraw, for certain goods and chattels alleged to be of the value of $200. The writ was issued August 20, 1870, and the declaration was in the cepii and detinet. The defendant pleaded: 1. JYon-detinet. 2. Property in Prank O. Sawin. 3. That at the said time when, etc., he, the defendant, was a constable of Grilpin county ; that on the 13th day of August, 1870, a writ of attachment, issued by Mather, a justice of the peace, at the suit of John W. Hickman and against…
1Opinion of the CourtHallett, C. J.
This was an action of replevin in which plaintiff in error justified the seizure of the goods replevied under a writ of attachment issued by a justice of the peace, at the suit of John W. Hickman against Frank O. Sawin. Defendant in error claimed by purchase from Sawin made before the levy of the attachment. The goods were in the possession of Sawin at the time the attachment was levied, and it is urged that the sale to defendant in error was void as against creditors of Sawin, under the 14th section of the statute of frauds. That there was no change of possession at the time of the sale as…
2Cases cited4 opinions
- Dynes v. HooverSupreme Court of the United States · 1858
- Wise v. WithersSupreme Court of the United States · 1806
- Erskine v. HohnbachSupreme Court of the United States · 1872
- Deitsch v. WigginsSupreme Court of the United States · 1873
3Cited by8 opinions
- Gumaer v. SowersSupreme Court of Colorado · 1903
- Bone v. TraftonCalifornia Court of Appeal · 1916
- Cook Bros. & Co. v. Burnham, Hanna, Munger & Co.Court of Appeals of Kansas · 1896
- Gilbert v. HudgensSupreme Court of Colorado · 1933
- Wells v. McCradySupreme Court of Oklahoma · 1909
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