United States v. O'Gorman

STONE, Circuit Judge.

This is a replevin suit brought by the United States, as trustee, for the return of a team of horses. From judgment for defendant upon the pleadings, this writ of error is sued out.

These horses were purchased by the superintendent of the Winnebago Indian Agency with money held by him in trust for an incompetent Indian. The bill of sale recited that the purchase money was from a trust fund, that it was paid by such superintendent as trustee and that the sale was to him as trustee. This bill of sale was recorded promptly and long before defendant secured possession of the…