Lukens v. Kellogg

The opinion of the court was delivered by

Dawson, J.:

This was an action to recover the value of four loads of wheat stolen from plaintiff in Barber county and which he alleged had been purchased from the thief or otherwise received by the defendants in Wichita.

Plaintiff prevailed before the jury and judgment was entered in his behalf.

Defendants appeal, assigning various errors which center around their main contention that the evidence was not sufficient to establish the fact that they had received the stolen grain.

On this point the plaintiff’s evidence favorably considered tended to show that…