McCarty v. Quimby
Supreme Court of Kansas
Error from Chase District Court. Replevin, brought by, McCarty, as administrator, to recover the possession of twenty head of horses and twenty head of neat cattle, alleged to belong to the estate of Wm. G. Quirnby, deceased. The defendant Martha E., widow of said Wm. G. Quirnby, claimed to own said property in her own right. The action was brought in the district court 'of Cowley county, and the property was there' replevied, and delivered to the plaintiff.
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Error from Chase District Court. Replevin, brought by, McCarty, as administrator, to recover the possession of twenty head of horses and twenty head of neat cattle, alleged to belong to the estate of Wm. G. Quirnby, deceased. The defendant Martha E., widow of said Wm. G. Quirnby, claimed to own said property in her own right. The action was brought in the district court 'of Cowley county, and the property was there' replevied, and delivered to the plaintiff. The place of trial was changed to Chase county, and was there tried at the September Term 1872 of the district court. The jury made…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
x Question of atncl; 7¿é-vanoy. This was an action of replevin bi’ought by W. T. McCarty, administrator of the estate of W. G. Quimby, deceased, for the purpose of recovering certain personal property claimed by him to be a portion of the assets of said estate. The defendant was the widow of said Quimby, and claimed said property as a portion of her own separate estate which she owned and possessed during her husband’s lifetime. The property was replevied in Cowley county. The plaintiff, by virtue of the writ, obtained possession of the…
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