Legal Opinion

Kansas Pacific Railway Co. v. Couse

Supreme Court of Kansas

Decided January 15, 1877PublishedCited by 17 opinions

Error from Saline District Court. Replevin, brought by Couse against Thomas J. Going, sheriff of Saline county, to recover possession of ninety head of cattle. The cattle had been attached as the property of M. D. McCormick, at the suit. of the Kansas Pacific Bailway Co., and said company'was substituted in place of Going, as party defendant. Couse claimed the cattle as part of a larger lot purchased by him from McCormick.

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Error from Saline District Court. Replevin, brought by Couse against Thomas J. Going, sheriff of Saline county, to recover possession of ninety head of cattle. The cattle had been attached as the property of M. D. McCormick, at the suit. of the Kansas Pacific Bailway Co., and said company'was substituted in place of Going, as party defendant. Couse claimed the cattle as part of a larger lot purchased by him from McCormick. Trial at the March Term 1875. The proceedings and error complained of, are stated in the opinion. The Bailway Company brings the case here for review.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This was an action of replevin, for certain property seized on attachment by plaintiff in error in proceedings against one McCormick, and claimed by defendant in *572error under prior purchase from said McCormick. A demurrer to the plaintiff’s evidence was overruled, and this is the error complained of. Under the pleadings, the only question to be tried was the validity of the sale to Couse. Its validity is challenged under the third section of our statute of frauds, (Gen. Stat. p. 504,) which reads:

“Every sale or conveyance of personal…

Also in this document: Concurrence.

2Cases cited1 opinion

  1. Jansen v. City of AtchisonSupreme Court of Kansas · 1876

3Cited by17 opinions

  1. Acker v. NormanSupreme Court of Kansas · 1906
  2. Sartain v. WalkerSupreme Court of Oklahoma · 1916
  3. Chicago, Rock Island & Pacific Railroad v. DoyleSupreme Court of Kansas · 1877
  4. Sullivan v. Phenix InsuranceSupreme Court of Kansas · 1885
  5. Milburn v. PhillipsIndiana Supreme Court · 1893

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