Machette v. Wanless
Supreme Court of Colorado
Appeal from 'District Court, Arapahoe County. ■ At the trial, George F. Wanless testified: That he was agent for the plaintiff below, and authorized to make advances to one Goff, who occupied plaintiff’s farm ; that he took a mortgage from Goff to the plaintiff on one-half of Goff’s crop, to secure such advances ; that, on going to the plaintiff’s farm one day, he found the defendant below removing the grain ; that he told defendant of the mortgage to plaintiff, and claimed…
Read the full summary
Appeal from 'District Court, Arapahoe County. ■ At the trial, George F. Wanless testified: That he was agent for the plaintiff below, and authorized to make advances to one Goff, who occupied plaintiff’s farm ; that he took a mortgage from Goff to the plaintiff on one-half of Goff’s crop, to secure such advances ; that, on going to the plaintiff’s farm one day, he found the defendant below removing the grain ; that he told defendant of the mortgage to plaintiff, and claimed the grain and forbid the removal of it; that Machette, the defendant, answered, that he did not intend to give up the…
1Opinion of the CourtHallett, C. J.
The declaration in this cause contains a count in replevin and a count in trover. To the count in replevin non detinet and property in Machette was pleaded, and to the count in trover the plea was not guilty. Issues were joined upon these pleas, and upon trial thereof the jury returned a verdict of guilty, and awarded five cents *228damages to the plaintiff below. It is impossible to say that these issues were determined by this verdict. Whether the jury found the defendants guilty of the detention charged in the first count, or the conversion charged in the second count, can only be conjectured,…
2Cases cited2 opinions
- Patterson v. United StatesSupreme Court of the United States · 1817
- Hunt v. BullockIllinois Supreme Court · 1860
3Cited by5 opinions
- Phipps v. TaylorOregon Supreme Court · 1887
- Town of Salida v. McKinnaSupreme Court of Colorado · 1891
- Stevenson v. LordSupreme Court of Colorado · 1890
- Sholes v. Citizens State BankSupreme Court of Colorado · 1927
- Stokes v. KirkSupreme Court of Colorado · 1938