Page v. Jones
New Mexico Supreme Court
Appeal from District Court, Quay County; Leib Judge. Action of replevin by Jennie P. Page against PI. B. Jones and another, in which defendants gave a forthcoming bond and retained possession. Judgment for plaintiff for the property or for an alternative money judgment, and defendants appeal.
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Appeal from District Court, Quay County; Leib Judge. Action of replevin by Jennie P. Page against PI. B. Jones and another, in which defendants gave a forthcoming bond and retained possession. Judgment for plaintiff for the property or for an alternative money judgment, and defendants appeal. The general rule is undisputed that Replevin lies only for specific property, capable of identification or separation, so as to be fixed in kind and cannot be maintained for an individed interest or sitare, except in cases of fraud or wrongful confusion of property. 34 Cyc. 1359 ; 23R, C. L. “Replevin”…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, J.
Appellee sued appellant in replevin, seeking to recover possession of 740 bead of sheep of varying ages. The writ was issued, and appellants gave a forthcoming bond and retained possession of the sheep. An answer was filed, and the cause put at issue, and was tried to a jury. Judgment was rendered for the ap-pellee for possession of 550 ewes, 60 lambs, and 50 head of old ewes, and judgment for $5,000 in the alternative. From this judgment appellants appeal.
The facts out of which the controversy arose may be briefly stated as follows: During the lifetime of P.…
2Cases cited3 opinions
- Claflin & Co. v. Continental Jersey WorksSupreme Court of Georgia · 1890
- Hesseltine v. StockwellSupreme Judicial Court of Maine · 1849
- Fines v. BolinNebraska Supreme Court · 1893
3Cited by9 opinions
- Seymour v. WildgenCourt of Appeals for the Tenth Circuit · 1943
- Talley v. DrumhellerSupreme Court of Virginia · 1923
- United Bank & Trust Co. v. PowersCalifornia Court of Appeal · 1928
- Clay, Robinson & Co. v. MartinezSupreme Court of Colorado · 1923
- Maddison v. BryanNew Mexico Supreme Court · 1926
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