Phillips v. Reitz
Supreme Court of Kansas
Error from Johnson District Court. Replevin, brought by Perry Phillips, for the undivided one-half interest in nine head of horses, one phaeton, two buggies, harnesses, etc. Phillips claimed to be the owner, and entitled to the possession of the property, and alleged that it had been wrongfully taken and was wrongfully detained by Vich Reitz.
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Error from Johnson District Court. Replevin, brought by Perry Phillips, for the undivided one-half interest in nine head of horses, one phaeton, two buggies, harnesses, etc. Phillips claimed to be the owner, and entitled to the possession of the property, and alleged that it had been wrongfully taken and was wrongfully detained by Vich Reitz. Reitz answered, that the property in question was the property of one I. N. Phillips, and not the property of plaintiff; that defendant was sheriff of Johnson county, and as such sheriff he had received and held a writ of execution to him duly issued and…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action of replevin, and the question was as to the validity of a sale claimed to have been made by one I. N. Phillips to plaintiff. Defendant was sheriff of Johnson county, and under an execution against I. N. Phillips levied on the property. The property consisted of livery stock in the .city of Olathe. Plaintiff was a farmer living some miles off in the country. The sale was made at the farm of plaintiff. He was not from the time of the sale to the time of the levy in Olathe, and I. N. Phillips remained in the actual charge,…
2Cases cited1 opinion
- Pitney v. LeonardNew York Court of Chancery · 1829
3Cited by18 opinions
- Daly v. RizzuttoWashington Supreme Court · 1910
- Baughman v. PennSupreme Court of Kansas · 1885
- Kansas Moline Plow Co. v. ShermanSupreme Court of Oklahoma · 1895
- Houck v. ChristyCourt of Appeals for the Eighth Circuit · 1907
- Gollober v. MartinSupreme Court of Kansas · 1885
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