Harkness v. Smith
Idaho Supreme Court
APPEAL from District Court, Bingham County. Delivery must be made of the property. The vendee must .take the actual possession, and that possession must be open and unequivocal, carrying with it the usual marks and indications of ownership by the vendee. (Norton v. Doolittle, 32' Conn. 405; Stevens v. Irwin, 15 Cal. 503, 76 Am. Dec. 500;. Godchaux v. Mulford, 26 Cal. 316, 85 Am. Dee. 178; Wright v.. McCormick, 67 Mo. 426; Lawrence v. Burnham, 4 Nev. 361, 97' Am.
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APPEAL from District Court, Bingham County. Delivery must be made of the property. The vendee must .take the actual possession, and that possession must be open and unequivocal, carrying with it the usual marks and indications of ownership by the vendee. (Norton v. Doolittle, 32' Conn. 405; Stevens v. Irwin, 15 Cal. 503, 76 Am. Dec. 500;. Godchaux v. Mulford, 26 Cal. 316, 85 Am. Dee. 178; Wright v.. McCormick, 67 Mo. 426; Lawrence v. Burnham, 4 Nev. 361, 97' Am. Dee. 540; Bassinger v. Spangler, 9 Colo. 175, 10 Pac. 809;. Grum v. Barney, 55 Cal. 254; Dean v. Wallcenhorst, 64 Cal. 78, 28 Pae.…
1Opinion of the CourtHuston, J.
Plaintiff brought action of claim and delivery for the recovery of possession of a stock of merchandise alleged to have been wrongfully taken and unlawfully detained by' defendant. Defendant was sheriff of Bingham county, and under and -by virtue of a certain writ of attachment, issued out of the district court for Bingham county, in the suit of F. J. Keisel & Co. v. P. Gallagher, levied upon and seized a certain stock of merchandise in the town of Pocatello, in said county, as the property of said P. Gallagher. The answer of defendant is a general and specific denial of all the allegations…
2Cases cited6 opinions
- Bassinger v. SpanglerSupreme Court of Colorado · 1886
- Godchaux v. MulfordCalifornia Supreme Court · 1864
- Wright v. McCormickSupreme Court of Missouri · 1878
- Norton v. DoolittleSupreme Court of Connecticut · 1865
- Lawrence v. BurnhamNevada Supreme Court · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Williamson-Halsell-Frasier Co. v. KingSupreme Court of Oklahoma · 1916
- Sears v. LydonIdaho Supreme Court · 1897
- Coombs v. CollinsIdaho Supreme Court · 1899
- Simons v. DalyIdaho Supreme Court · 1903
- Hallett v. ParrishIdaho Supreme Court · 1897
2 more not listed; retrieve them via the Exa API.