Cumberledge v. Cole

Decided October 5, 1876

Supreme Court of Iowa · decided 1876-10-05

Action in replevin to recover a calf. The Circuit Court made the following finding of facts and conclusions of law: “ That the evidence in the case… Held: the judgment should be entered for the defendant for the return of the property or its value, $15, and so finds.” ' ' Judgment confirming plaintiff’s title to the property and for costs against the defendant, and against surety on the appeal bond, which is excepted to at the time (by the defendant), and defendant appeals.

Decided 1876-10-05

Adams, J.

¶1Proof of possession is presumptive proof of ownership. Greenleaf on Ev., 1st Mol., Sec. 34. The plaintiff made a prima faeie case by proof of possession. The presumption was not overcome by proof that the defendant afterwards acquired possession, because it appeared that he broke the plaintiff’s inclosure and took the calf from the plaintiff’s possession. He could acquire no legal advantage thereby.

¶2Nor was the presumption in favor of the plaintiff overcome by the evidence as to ownership prior to the taking of posses-' sion by the plaintiff, because the court finds that the evidence on that point is balanced. We are of the opinion, therefore, that the decision of the Circuit Court was correct.

¶3Affirmed.