Brown v. Holmes
Supreme Court of Arkansas
Error from Chase District Court. Replevin, brought by Brown and another against Holmes, to recover the possession of ninety-two head of cattle. The action was commenced in May, 1872, against Holmes, then in possession of the cattle in Chase county, who retained them upon a redelivery bond. The first trial was had at the September Term, 1873, of the district Court, when judgment was rendered for defendant and against the plaintiffs for costs.
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Error from Chase District Court. Replevin, brought by Brown and another against Holmes, to recover the possession of ninety-two head of cattle. The action was commenced in May, 1872, against Holmes, then in possession of the cattle in Chase county, who retained them upon a redelivery bond. The first trial was had at the September Term, 1873, of the district Court, when judgment was rendered for defendant and against the plaintiffs for costs. The plaintiffs brought the case here on error. (Brown v. Holmes, 13 Kas. 482.) The judgment of the court below was reversed, and the cause remanded for a…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This is the second time this case has been here on error. (Brown v. Holmes, 13 Kas. 482.) On the new trial awarded by this court, the chattel mortgage of October 31, 1871, from Ledrick to Brown & Kinsolving, was duly proved and admitted; also the identity of the cattle in question, with those in the mortgage, and their value; that Holmes had personal knowledge of the mortgage from the time it was given; and that he received the cattle from Led-rick to feed at the rate of four dollars per head for all he got through the winter. The court…
2Cases cited1 opinion
- Brown v. HolmesSupreme Court of Kansas · 1874
3Cited by2 opinions
- Hall v. BlackSupreme Court of Oklahoma · 1923
- Lewis v. Best-By-Test GarageSupreme Court of Iowa · 1925