Legal Opinion

Willis v. Reinhardt

Supreme Court of Arkansas

Decided May 15, 1889PublishedCited by 3 opinions

APPEAL from Prairie Circuit Court. M. T. Sanders, Judge. Willis brought an action of replevin against Reinhardt, the Sheriff of Prairie County, to recover certain personal property which the latter had seized under an order of attachment against one Meyer. Upon Reinhardt’s motion the court dismissed the action upon the ground that the property was in the custody of the law and could not, therefore, be made the subject of replevin.

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APPEAL from Prairie Circuit Court. M. T. Sanders, Judge. Willis brought an action of replevin against Reinhardt, the Sheriff of Prairie County, to recover certain personal property which the latter had seized under an order of attachment against one Meyer. Upon Reinhardt’s motion the court dismissed the action upon the ground that the property was in the custody of the law and could not, therefore, be made the subject of replevin. Willis appealed. 1. If the property taken by the officer under the writ is the property of the defendant in execution or attachment, it is then in custodia legis;…

1Per curiam

Replevin. The owner of personal property, seized under an attachment against the property of another, may maintain replevin against the Sheriff or other officer having it in posession. The right has been recognized by this court in many cases. Thatcher v. Franklin, 37 Ark., 64; Cox v. Vise, 50 Ark. 283; Raleigh v. Griffith, 37 Ark., 151; Clayton v. Johnson, 36 Ark., 406; Overbee v. McGee, 15 Ark., 459; Hickman v. Ford, 43 Ark., 207; Mansf. Dig., 5572, subd. 5.

Reverse the judgment and remand the cause for further proceedings.

2Cases cited1 opinion

  1. Cox v. ViseSupreme Court of Arkansas · 1887

3Cited by3 opinions

  1. Moores v. WinterSupreme Court of Arkansas · 1899
  2. Beverage Products Corp. v. RobinsonCourt of Appeals of Arkansas · 1989
  3. Morrison v. BerrySupreme Court of Arkansas · 1926

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