De Votie v. McGerr
Supreme Court of Colorado
Appeal from Dist/rict Court of Clear Creek County. On rehearing. This was an action brought by Annie McGerr, plaintiff below, to recover the value of certain live-stock, consisting of eight cows and three yearlings, which she claimed to own and possess as her own property, and which she alleges were wrongfully taken and converted by defendants to their own use.
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Appeal from Dist/rict Court of Clear Creek County. On rehearing. This was an action brought by Annie McGerr, plaintiff below, to recover the value of certain live-stock, consisting of eight cows and three yearlings, which she claimed to own and possess as her own property, and which she alleges were wrongfully taken and converted by defendants to their own use. It appears that in September, 1885, two of the defendants, Bullock and Strickler, obtained a judgment in the county court of Olear Creek county against Thomas McGerr, husband of plaintiff, and that, by virtue of an execution to satisfy…
1Opinion of the CourtJustice Elliott
The return of the property in controversy for assessment by Thomas McGerr as his own was not evidence against the plaintiff’s title, unless accompanied by evidence that such return was with her knowledge and consent. So, too, a mortgage of the property by the husband as his own was not evidence against the wife’s title, unless supplemented *469by evidence of her knowledge and consent. If there be satisfactory evidence of actual knowledge the evidence of consent need not be express; but consent may, perhaps, be inferred from long-continued acquiescence, or other pertinent circumstances. The trial…
2Cases cited14 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Wells v. CaywoodSupreme Court of Colorado · 1877
- Tucker v. ParksSupreme Court of Colorado · 1883
- Colorado Cent. R. v. AllenSupreme Court of Colorado · 1889
- Bray v. MarshallSupreme Court of Missouri · 1882
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Williams v. WilliamsSupreme Court of Colorado · 1894
- Davidson v. JenningsSupreme Court of Colorado · 1900
- Farmers' State Bank of Ada v. KeenSupreme Court of Oklahoma · 1917
- Prewitt v. LambertSupreme Court of Colorado · 1893
- Gaynor v. ClementsSupreme Court of Colorado · 1891
16 more not listed; retrieve them via the Exa API.