Lowther v. Lowther
West Virginia Supreme Court
This was an action of detinue* commenced by Telitha Y, Lowther against Dexter Lowther, before a justice of the peace of Harrison county, for the recovery of a mare and colt, and damages for their detention, or for $250:00, the alternative value thereof. The case was tried and judgment rendered in favor of the plaintiff, for the mare and colt described in the summons, and the costs.
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This was an action of detinue* commenced by Telitha Y, Lowther against Dexter Lowther, before a justice of the peace of Harrison county, for the recovery of a mare and colt, and damages for their detention, or for $250:00, the alternative value thereof. The case was tried and judgment rendered in favor of the plaintiff, for the mare and colt described in the summons, and the costs. From this judgment an appeal was allowed to the Circuit Court of said county, where, on the eleventh of May, 1882,. the parties appeared, and the defendant pleaded non detinet, and issue was-thereon joined. The…
1Opinion of the Court
W oods, Jud&e :
The evidence in the demurrer tended to prove, that the *105plaintiff, an unmarried daughter, had always lived with her father, a very old man, until his death, on the nineteenth June, 1882; that some time during the late war her father gave her a colt, which was raised and kept by her on her father’s farm, until seven or eight years before his death, when she traded it to one Cunningham for the mare in controversy, which she also kept on said farm until after her father’s death, when the defendant, who was her brother, about a month afterwards took the mare into his pos session,…
2Cases cited3 opinions
- Peabody Ins. v. Wilson & BeasleyWest Virginia Supreme Court · 1887
- Allen v. BartlettWest Virginia Supreme Court · 1882
- Miller v. Insurance Co.West Virginia Supreme Court · 1875
3Cited by4 opinions
- Blankenship v. Kanawha & M. Ry. Co.West Virginia Supreme Court · 1897
- Evans v. HigginsWest Virginia Supreme Court · 1912
- Withrow v. WithrowWest Virginia Supreme Court · 1928
- Bailey v. GardnerWest Virginia Supreme Court · 1888