Kinney v. Roe
Supreme Court of Iowa
Appeal from Cherokee Circuit Cov/rt. This is an action of replevin for a horse. There was a demurrer to the answer, which was sustained, and defendant appeals. The facts appear in the opinion.
1Opinion of the CourtEothrocK, J.
The facts, as they appear in the answer, are, in substance, as follows: The horse in question was stolen from the plaintiff, in Sioux county, on the thirteenth day of July, 1882. Two days afterwards the animal was found by one John Velin wandering at large upon his farm in Cherokee county, without being in the possession or under the control of any one, and the owner was unknown to Velin. He took the animal up as an estray, and proceeded to give the proper estray notices under the statute, and in good faith followed all the requirements of the statute relating to estrays. No one appeared to…
2Cases cited1 opinion
- Walters v. GlatsSupreme Court of Iowa · 1870
3Cited by2 opinions
- Jorgenson v. StoryMontana Supreme Court · 1927
- Yraceburn v. CapeCalifornia Court of Appeal · 1923