Sharp v. Johnson
Oregon Supreme Court
From Lane: J. W. Hamilton, Judge. Action by Ola Sharp against A. J. Johnson to recover possession of a race horse called Black Alder. The plaintiff alleges that she is the owner of an undivided one-third interest in the horse, and that B. L. Bradley is the owner of the other two-thirds; that she had a lien on Bradley’s interest therein, for the keep and board of the horse, under Section 3684 of the statute (Hill’s Ann.
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From Lane: J. W. Hamilton, Judge. Action by Ola Sharp against A. J. Johnson to recover possession of a race horse called Black Alder. The plaintiff alleges that she is the owner of an undivided one-third interest in the horse, and that B. L. Bradley is the owner of the other two-thirds; that she had a lien on Bradley’s interest therein, for the keep and board of the horse, under Section 3684 of the statute (Hill’s Ann. Laws), and was in possession of the animal on the twenty-first of April, 1898, when defendant wrongfully and unlawfully took him from her. The defendant in his answer denies…
1Opinion of the CourtChief Justice Bean
1. The motion for a nonsuit was based on the theory that the plaintiff failed to prove a cause sufficient to be submitted to the jury, and we think should have been sustained. The plaintiff claims title to an undivided third interest in the animal in controversy by purchase from her husband. She testified that such interest was transferred to- her on the twenty-fifth of January, 1897, two days after the purchase from Hays, in consideration of money she had previously advanced to her husband for the payment of certain bills and expenses incurred by him. She gave evidence tending to support her…
2Cases cited9 opinions
- Auld v. TravisColorado Court of Appeals · 1895
- Bernal v. HoviousCalifornia Supreme Court · 1861
- Phipps v. TaylorOregon Supreme Court · 1887
- Gaar, Scott & Co. v. HurdIllinois Supreme Court · 1879
- Huffman v. KnightOregon Supreme Court · 1900
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3Cited by6 opinions
- Halsey v. SimmonsOregon Supreme Court · 1917
- McDonald v. BaileySupreme Court of Oklahoma · 1910
- Schwarz v. Lee GonOregon Supreme Court · 1905
- Woodring v. Jennings State BankDistrict Court, D. Nebraska · 1985
- Ruscitti v. SackheimColorado Court of Appeals · 1991
1 more not listed; retrieve them via the Exa API.