McCoy v. Cadle
Supreme Court of Iowa
Appeal from, the Davis District Court. Replevin for a hog, to the possession of which plaintiff avers he is entitled, and which is wrongfully detained from him by defendant. The defendant, by his answer, alleges that the hog is not the property of plaintiff, but is the property of defendant. The action was commenced before a justice of the peace, and the judgment rendered in favor of defendant.
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Appeal from, the Davis District Court. Replevin for a hog, to the possession of which plaintiff avers he is entitled, and which is wrongfully detained from him by defendant. The defendant, by his answer, alleges that the hog is not the property of plaintiff, but is the property of defendant. The action was commenced before a justice of the peace, and the judgment rendered in favor of defendant. On appeal to the District Court, the plaintiff excepts to the instructions of the court, given at the request of the defendant, and to the refusal to give certain instructions asked by plaintiff.…
1Opinion of the CourtStockton, J.
The District Court erred in refusing to charge the jury as requested by the plaintiff. The question involved is, whether the plaintiff can maintain the action of replevin,.on his right of possession, without reference to the ownership or right of property. On this subject, we entertain no doubt. The question has been set at rest by numerous adjudicated cases, and our own Code, if there was still any room for doubt, has spoken authoritatively. One entitled to the present possession, where the property is wrongfully detained from him, may maintain the action, even against the rightful owner.…
2Cases cited1 opinion
- Mead v. KildaySupreme Court of Pennsylvania · 1833
3Cited by1 opinion
- Richards v. W. H. Hellen & SonSupreme Court of Iowa · 1911