Ferriter v. Estate of Blaney

ROONEY, Justice.

Appellant-plaintiff appeals from an order of the district court dismissing his replevin action against appellee-defendant, the administrator of the estate of Samuel D. Bla-ney. We reverse and remand.

The replevin action had for its purpose the obtaining of possession of certain guns and accessories (hereinafter referred to as guns). The possession of the guns was transferred to appellant by Samuel D. Bla-ney on or about Father’s Day in the summer of 1975. The guns were delivered as a surprise to appellant, and he considered the transfer as a gift. Samuel D. Blaney died May…