Hall v. Gildersleeve
Supreme Court of New Jersey
The suit was in replevin, and the following is the case as certified: The horse in controversy being the property of Hall, was stolen from his stable on the night of December 27th, 1868, and taken by the thief to South Orange, in the county of Essex, and there left tied to a post in the public highway, on the lauds of the Methodist Church. Hall made diligent effort to recover the horse, and to apprehend the thief.
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The suit was in replevin, and the following is the case as certified: The horse in controversy being the property of Hall, was stolen from his stable on the night of December 27th, 1868, and taken by the thief to South Orange, in the county of Essex, and there left tied to a post in the public highway, on the lauds of the Methodist Church. Hall made diligent effort to recover the horse, and to apprehend the thief. The horse was found on the morning of December 28th, 1868, by Ralph Gildersleeve, tied as above stated; and on the evening of that day, to wit, at about four and a half o’clock, the…
1DissentDalrimple, J.
The horse, the title to which is in question in this suit, was found, the owner being unknown, by one John Gildersleeve, on his improved land, between the 1st day of November and the 1st day of April. He duly reported him as an estray. The entries required by law were made, and the horse afterwards sold as an estray, *241according to the statute, and purchased by the defendant in error. He escaped from the defendant, and strayed to the premises of plaintiff in error, and was by him taken possession of. The defendant brought an action of replevin, and recovered. The legal definition of an estray…
2Cases cited2 opinions
- M'Cormick v. HarveySupreme Court of Pennsylvania · 1840
- Walters v. GlatsSupreme Court of Iowa · 1870