Pyeatt. v. Powell
Court of Appeals for the Eighth Circuit
In Error to the United States Court in the Indian Territory. Action of replevin by Warren C. Powell against Henry C. Pyeatt and James C. Kirby. Verdict and judgment for plaintiff. Defendants bring error.
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In Error to the United States Court in the Indian Territory. Action of replevin by Warren C. Powell against Henry C. Pyeatt and James C. Kirby. Verdict and judgment for plaintiff. Defendants bring error. Statement by Sanborn, Circuit Judge; The defendant in error brought an action of replevin for certain mares and colts of the value of about $4,000, in the United States Court in the Indian Territory, against the marshal, who had seized them on October 4, 1889, under an execution issued out of that court upon a judgment in favor of the plaintiffs in error, and against William P. McClellan, for…
1Opinion of the CourtSanborn, Circuit Judge
There are 43 assignments of errer in this case, but in the view taken by the court it will be necessary to consider but 3. The thirty-second assignment is that the court erred in refusing to charge the jury as follows:
“The court instructs the jury that, under the law in force in the Indian Territory at the time of the execution of the mortgage introduced in evidence in this cause, and at the time of the levy of the execution of the defendants, Pyeatt and Kirby, the title and ownership of the mortgaged property remained .in the mortgagor until default, and after default until the mortgagor…
2Cases cited15 opinions
- The " Scotland"Supreme Court of the United States · 1882
- Arkansas Valley Land & Cattle Co. v. MannSupreme Court of the United States · 1889
- Green v. Van BuskirkSupreme Court of the United States · 1869
- Hauselt v. HarrisonSupreme Court of the United States · 1882
- Norris v. HarrisCalifornia Supreme Court · 1860
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- United States v. PatrickCourt of Appeals for the Eighth Circuit · 1896
- Davison v. GibsonCourt of Appeals for the Eighth Circuit · 1893
- Alferitz v. IngallsU.S. Circuit Court for the District of Nevada · 1897
- Wilson v. OwensCourt of Appeals for the Eighth Circuit · 1898
- McCullough v. SmithCourt of Appeals for the Eighth Circuit · 1917
7 more not listed; retrieve them via the Exa API.