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2 Ky. Op. 155

Wiley v. Gates

Court of Appeals of Kentucky

Decided December 17, 1867

Court of Appeals of Kentucky · decided 1867-12-17

<p>Personal Property — Possession.</p> <p>The possession of personal property is prima facia evidence of ownership which would entitle the party so possessed to maintain an action against whoever may deprive him of his possession.</p>

Decided 1867-12-17

¶1Opinion oe the Court by

Judge Peters :

¶2The possession of the mare by appellee was prima facie evidence of ownership and would entitle him to an action against whoever might deprive him of his possession, or detain her from him until a title superior to his own was shown.

¶3Whether the government of the United States was the owner of the mare or not was not an issue involved in this suit, and was one which appellant could not make.

Bradley, for appellant.Anderson, for appellee.

¶4No error is perceived in the instructions given at the instance of appellee nor in overruling those asked by appellant. Wherefore the judgment is affirmed.

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