Gray v. Earl
Supreme Court of Iowa
Appeal from Wapello District Court. The facts are stated in the opinion of the court. - Under the general allegation that “ the plaintiff is entitled to the present possession of the property,” he may prove any state of facts which shows a right to the'possession: and when the right of plaintiff to the possession is denied by a general denial, the defendant may prove any state of facts which shows that, the plaintiff is not entitled to the present possession of the property.
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Appeal from Wapello District Court. The facts are stated in the opinion of the court. - Under the general allegation that “ the plaintiff is entitled to the present possession of the property,” he may prove any state of facts which shows a right to the'possession: and when the right of plaintiff to the possession is denied by a general denial, the defendant may prove any state of facts which shows that, the plaintiff is not entitled to the present possession of the property. Oalcs v. • Wyatt, 10 Ohio, 344. Constructive-delivery is an act expressing the intention of the vendor to surrender…
1Opinion of the Court
Baldwin, O. J.
Action of replevin. The property in controvesy was the undivided two-thirds of sixty-two acres of corn, standing in the field of one Wykoff. The plaintiff claims the title thereto, through one Brokáugh, who, as the tenant of Wykoff, raised the same. Earl justifies his possession of the corn by virtue of a levy of a writ of execution in his favor and against Brokáugh, by his co-defendant, as constable. Judgment for plaintiff, defendant appeals.
The plaintiff does not, in his petition, state the facts constituting his right to the possession of the property, whether by purchase or…
2Cases cited1 opinion
- Moss v. Riddle & CoSupreme Court of the United States · 1809
3Cited by8 opinions
- Miller v. LawlorSupreme Court of Iowa · 1954
- Tucker v. ParksSupreme Court of Colorado · 1883
- Brooks v. O'Hara Bros.United States Circuit Court · 1881
- Phillips v. BlairSupreme Court of Iowa · 1874
- Thiering v. GageOregon Supreme Court · 1929
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