Legal Opinion

Faeth v. Leary

Nebraska Supreme Court

Decided January 15, 1888PublishedCited by 5 opinions

Error to the district court for Gage county. Tried below before Broady, J. Jones-. Chat. Mort., Sec. 709. Harris v. Lynn, 25 Kan., 281. Reynolds v. Thomas, 28 Id., 810. Campbell v. Wheeler. 26 N. W. R., 613. Schouler’s, Per. Prop., 557. West v. Orary, 47 N. Y., 425. Daly- v. Proetz, 20 Minn., 411. Gage v. Whittier, 17 New ITarnp., 312.

1Opinion of the Court

Reese, Ch. J.

This was an action in replevin, instituted by plaintiff in «error against defendants in error, for the possession of a , horse. The petition of plaintiff, filed in the district court, alleges that, “ He has a special property and is entitled to the immediate possession of the” property in dispute, and ■“that plaintiff's special interest in said property is by virtue of a chattel mortgage upon it.”

The answers of defendants consist of general denials.

The facts in the case may be briefly stated to be, that on November 27, 1885, Lineweber and Snyder made a chattel mortgage to…

2Cases cited1 opinion

  1. Talman v. SmithNew York Supreme Court · 1863

3Cited by5 opinions

  1. Platte Valley Cattle Co. v. Bosserman-Gates Live Stock & Loan Co.Court of Appeals for the Eighth Circuit · 1912
  2. Lexington Bank v. WirgesNebraska Supreme Court · 1897
  3. McInerney & Conway Finance Corp. v. SmithWyoming Supreme Court · 1931
  4. Berkner v. LewisSupreme Court of Minnesota · 1916
  5. Berkner v. D'EvelynSupreme Court of Minnesota · 1912

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