United States Automobile Co. v. Deshong
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Guy Fulk, Judge; Replevin is a possessory action. The title and "right of possession must be determined at the time of the commencement of the .action. 84 Ark. 614. Appellee was not the owner of the ear and had no right to the possession. A mere interest in the car is not sufficient. 37 Id. 64; 52 Id. 138. He had no special ownership. He did not buy the car, nor have the right of possession.
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Appeal from Pulaski Circuit Court; Guy Fulk, Judge; Replevin is a possessory action. The title and "right of possession must be determined at the time of the commencement of the .action. 84 Ark. 614. Appellee was not the owner of the ear and had no right to the possession. A mere interest in the car is not sufficient. 37 Id. 64; 52 Id. 138. He had no special ownership. He did not buy the car, nor have the right of possession. Shinn on Replevin, § § 189,199; 56 Ark. 450; 75 Id. 336. It was error to direct a verdict. 1. The affidavits sets up all the essential facts required. Kirby’s Digest, §…
1Opinion of the CourtSmith, J.
This appeal is prosecuted to reverse a judgment rendered upon a verdict of the jury which was returned in favor of appellee under the directions of the court, and the testimony must, therefore, be considered in the light most favorable to appellant’s contention. When thus stated, the facts may be said to be as follows: The Arkadelphia Milling Company had purchased an automobile and the draft given in payment thereof by that company had been dishonored. Later H. Flanagin, an employee of the milling company, applied to appellant' to purchase another automobile, and one was shown him which met…
2Cases cited4 opinions
- Eaton v. LangleySupreme Court of Arkansas · 1898
- Spear v. Arkansas National BankSupreme Court of Arkansas · 1914
- Grist v. LeeSupreme Court of Arkansas · 1916
- Hamilton & Co. v. FordSupreme Court of Arkansas · 1885
3Cited by1 opinion
- Chapman v. ClaybrookSupreme Court of Arkansas · 1927