Havird v. Lung
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. Action for claim and delivery. Judgment for plaintiff and defendant appeals. “If the original possession of property is acquired by a tort, no demand previous to the institution of a suit is necessary. ’ ’ {Sargent v. Sturm, 23 Cal. 359, 83 Am.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. Action for claim and delivery. Judgment for plaintiff and defendant appeals. “If the original possession of property is acquired by a tort, no demand previous to the institution of a suit is necessary. ’ ’ {Sargent v. Sturm, 23 Cal. 359, 83 Am. Dec. 118; Coombs v. Collins, 6 Ida. 536, 57 Pac. 310.) “It is only when one obtains possession of property lawfully that demand is necessary to support replevin or trover. ’ ’ (Velsian v. Lewis, 15 Or. 539, 3 Am. St. 185, 16 Pac. 631.) It is a…
1Opinion of the Court
MacLANE, District Judge.
This is an action of claim and delivery for a horse. The defendant pleaded the statute of limitations and the trial court, by an instruction, withdrew this defense from the jury, in consequence of which there was a verdict for the plaintiff and the defendant has appealed.
The facts shown by the record are that the plaintiff lost the horse in the fall of 1905, and one C. A. Esgate took the *793horse up as an estray while it was trespassing upon his land, on the 1st of November, of that year. He used the horse until February 25th, 1908, when he sold him at public auction to…
2Cases cited10 opinions
- Allen v. MilleNew York Supreme Court · 1837
- Paige v. O'NealCalifornia Supreme Court · 1859
- Sargent v. SturmCalifornia Supreme Court · 1863
- Harpending v. MeyerCalifornia Supreme Court · 1880
- Brown v. BrownSupreme Court of Kansas · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Trimming v. HowardIdaho Supreme Court · 1932
- Common School District No. 18 v. Twin Falls Bank & Trust Co.Idaho Supreme Court · 1932
- Freiberger v. American Triticale, Inc.Idaho Supreme Court · 1991
- Bennett v. MeekerMontana Supreme Court · 1921
- Nielsen v. HylandUtah Supreme Court · 1918
6 more not listed; retrieve them via the Exa API.