Hinnen v. Newman
Supreme Court of Kansas
Error from JaeJcson District Court. Action by Gottlieb Hinnen to recover from Samuel Newman the possession of two horses alleged to be the property of the plaintiff, and to be unlawfully detained by the defendant. A trial was had at the November Term, 1884, without a jury, when the following findings of fact and law were made by the court: FINDINGS OF FACT.
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Error from JaeJcson District Court. Action by Gottlieb Hinnen to recover from Samuel Newman the possession of two horses alleged to be the property of the plaintiff, and to be unlawfully detained by the defendant. A trial was had at the November Term, 1884, without a jury, when the following findings of fact and law were made by the court: FINDINGS OF FACT. “1. On and before the 5th day of September, 1884, the property in controversy in this action was then the property of the estate of Samuel Horner, deceased. “2. The defendant was employed by the executors of said Samuel Horner as…
1Opinion of the Court
*712The opinion of the court was delivered by
Johnston, J.:
The foundation of the plaintiff’s action is a pretended sale to him of the horses hi controversy, at a public auction. The defendant, Samuel Newman, was employed by the executors of the estate of Samuel Horner, deceased, as an auctioneer to sell the property of the estate. Before the day set for the public auction, the plaintiff entered into a secret agreement with the defendant to attend the sale, and there purchase the horses in question for the defendant. In persuance of the agreement the plaintiff attended the sale, and without any…
2Cases cited1 opinion
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