Eaton v. Caldwell
Supreme Court of Minnesota
APPEAL PROM TUB DISTRICT COURT OB RAMSEY COUNTY. [The points and authorities of Counsel for Appellant are not on file.] The following are the points and authorities relied upon by the Counsel for Respondent : First. — In most States and in England a continued possession of chattels in the vendor is conclusive fraud in law. 1 Smith’s Leading Gases 35; Froves vs. Case, 1 Cranch 309; 1 Gallison 419, 423; 4 Mason 312, 322; 3 Cranch C. C. 434; Ib. 354; Ib. 729; 3 Cranch 58; 3d J.…
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APPEAL PROM TUB DISTRICT COURT OB RAMSEY COUNTY. [The points and authorities of Counsel for Appellant are not on file.] The following are the points and authorities relied upon by the Counsel for Respondent : First. — In most States and in England a continued possession of chattels in the vendor is conclusive fraud in law. 1 Smith’s Leading Gases 35; Froves vs. Case, 1 Cranch 309; 1 Gallison 419, 423; 4 Mason 312, 322; 3 Cranch C. C. 434; Ib. 354; Ib. 729; 3 Cranch 58; 3d J. J. Marshall, 643; 2d Bibb. 605; 5 Dana, 111, 119; 1 Seammon 296; Ib. 301; 2d Stewart’s Alabama 54; 3d Blackford 309 ;…
1Opinion of the Court
By the Cow't
— Flandrau, J.
This action was originally commenced in Justice’s Court. The complaint was in replevin for the wrongful detention of a horse; the value of the property was stated at one hundred dollars. The prayer of the *138complaint was for the return of the property, and fifty dollars damages for the detention.
The Defendant justifies, as Sheriff of the County of Ramsey, under an execution against one Charles S. Cave and another, alleging that the horse was the property of said Cave, and not the Plaintiff, asks a return to him, and fifty dollars damages for the detention.
The case was…
2Cases cited4 opinions
- Case v. ReeveNew York Supreme Court · 1817
- Sprague v. KneelandNew York Supreme Court · 1834
- Moody v. VreelandNew York Supreme Court · 1832
- Rhodes v. BuntsNew York Supreme Court · 1839
3Cited by8 opinions
- Berthold v. FoxSupreme Court of Minnesota · 1874
- Piper v. JohnstonSupreme Court of Minnesota · 1866
- Whitby v. MotzSupreme Court of Minnesota · 1914
- Ex parte CraigSupreme Court of Missouri · 1895
- Board of Trustees of Ripon College v. BrownSupreme Court of Minnesota · 1896
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