Daniel v. McLucas

The opinion of the court was delivered by

Wells, J.:

The only material question in this case is, Where personal property is-lost or stolen and sold by the finder or thief to an innocent purchaser, who takes and retains open, notorious and exclusive possession thereof for more than two years before the owner learns of its whereabouts, is the owner then barred by the statute of limitations from recovering the same? The justice of the peace before whom the case was originally tried held that the owner was *300barred 'by the statute. The district court, where the case was taken on appeal, held that he…