Hood v. Gibson
Court of Appeals of Kansas
Error from Cowley district court; A. M. Jackson, judge. STATEMENT. This was an action in replevin, brought in the district court of Cowley county by plaintiff in error Calvin Hood to obtain possession of a quantity of wheat of which he claimed to be owner. One of the •defendants in error, Gibson, who was sheriff of Cowley county, had Seized the wheat under a writ of attachment, and had left it in the care of the other •defendant in error, Hanlen.
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Error from Cowley district court; A. M. Jackson, judge. STATEMENT. This was an action in replevin, brought in the district court of Cowley county by plaintiff in error Calvin Hood to obtain possession of a quantity of wheat of which he claimed to be owner. One of the •defendants in error, Gibson, who was sheriff of Cowley county, had Seized the wheat under a writ of attachment, and had left it in the care of the other •defendant in error, Hanlen. Hood claimed title to ■the wheat by virtue of an alleged sale to him by one T. S. Green, who was the defendant in the attachment proceedings. The…
1Opinion of the Court
The opinion of the court was delivered by
Schoonover, J.:
Plaintiff in error contends that the court below committed prejudicial error in admitting in evidence, over his objection, certain declarations made by Green, his vendor. An examination of the record convinces us that these declarations undoubtedly show a fraudulent intent on the part of Green, but plaintiff in error maintains that they are not' competent to defeat his title. From the record, it *590appears that the declarations were made either a short time before or a short time after the sale, and evidence of such declarations would, we…
2Cases cited6 opinions
- Douglass v. HillSupreme Court of Kansas · 1883
- Farlin v. SookSupreme Court of Kansas · 1883
- Rathbone v. HopperSupreme Court of Kansas · 1896
- Howell v. PughSupreme Court of Kansas · 1882
- Diefendorf v. OliverSupreme Court of Kansas · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Schilling v. CurranMontana Supreme Court · 1904
- Veum v. StefferudNorth Dakota Supreme Court · 1923