Ross v. Richolson

Decided May 8, 1896

Court of Appeals of Kansas · decided 1896-05-08

Memorandum. — Error from Elk district court; M. G. Troup, judge. Action in replevin by S. V. Ross against Oley Richolson, as sheriff óf Elk county, Kansas. Judgment for defendant. Plaintiff brings the case to this court.

Affirmed · Decided 1896-05-08

¶1The opinion of the court was delivered by

Dennison, J.:

¶2The facts in this case are identical with those in the case of McDonald v. Richolson, ante, p. 235, except that while McDonald & Oo. had forcible possession of said goods they sold a portion of them to Ross. Ross brought this action to recover them ; judgment was rendered for Richolson, and Ross brings the case here for review. Ross having purchased the property from McDonald & Co. got only such title as McDonald & Co. had. McDonald & Co.’s, title having failed as againt Richolson, Ross’s title must also fail. The cáse of McDonald v. Richolson, ante, p. 235, is referred to and followed.

¶3The judgment of the district court is affirmed.

All the Judges concurring.