Legal Opinion

Murray v. Cone

Supreme Court of Iowa

Decided December 18, 1868PublishedCited by 3 opinions

Appeal from Monroe District Court. Evidence: res gestas. — Replevin for cattle. The plaintiff claims to be the owner by virtue of a purchase from one Richard Murray. The sheriff was made defendant in the replevin, and defends by virtue of a levy under an execution in favor of one Brown and against the said Richard Murray, alleging that the sale of the cattle from Richard to the plaintiff was fraudulent.

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Appeal from Monroe District Court. Evidence: res gestas. — Replevin for cattle. The plaintiff claims to be the owner by virtue of a purchase from one Richard Murray. The sheriff was made defendant in the replevin, and defends by virtue of a levy under an execution in favor of one Brown and against the said Richard Murray, alleging that the sale of the cattle from Richard to the plaintiff was fraudulent. The plaintiff claiméd that he purchased the cattle from Richard in payment of a board bill against him. The main question on the appeal relates to the action of the court in admitting Mrs.…

1Opinion of the Court

Dillon, Ch. J.

Evidence: declarations: res gestae. — It became material for the plaintiff to prove the purchase by him of the cattle from Richard Murray, and also that this purchase was bona fide. To establish the bona fides of the purchase he claimed to have had a note of Richard’s, which had been given in settlement of a board bill against him. By admitting his wife, after the alleged contract of purchase was made and in the absence of Richard, to give evidence of the plaintiff’s own declarations to prove both the fact of purchase and the consideration on which it was based, the plaintiff…

2Cases cited3 opinions

  1. Blake v. GravesSupreme Court of Iowa · 1865
  2. Taylor v. LuskSupreme Court of Iowa · 1859
  3. Smoot v. EslavaSupreme Court of Alabama · 1853

3Cited by3 opinions

  1. Roebke v. AndrewsWisconsin Supreme Court · 1870
  2. Oahu Railway & Land Co. v. KailiHawaii Supreme Court · 1915
  3. Lingenfelter v. St. ClairSupreme Court of Iowa · 1917

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