39 Ind. App. 363 | Ind. Ct. App. | 1906
David A. Higgins, guardian of Hugh E. Adams, a person of unsound mind, commenced this action in replevin against Michael II. Reardon to recover possession of a horse, and damages for its detention. The ward died pending the suit, and the administrator, Higginsj was substituted as plaintiff.
The complaint is in two paragraphs. The first alleges that David A. Higgins, the duly appointed guardian of Hugh F. Adams, a person of unsound mind, as such guardian complains of Michael IT. Reardon, the defendant, and says that plaintiff’s said ward is the owner, and entitled to the immediate possession, of one bay horse, about seven years old, known as and named St. Patrick, of the value of $4,000, and which horse the defendant wrongfully took possession of without right and unlawfully detains from the plaintiff. The second alleges, in substance, that plaintiff’s ward is the. owner, and entitled to the immediate possession, of one bay pacing horse, about seven years old, generally known as and named St. Patrick, of the value of $4,000, which horse the defendant unlawfully
Said cross-complaint alleges that on or about August 1, 1901 \ a certain oral agreement was entered into between the cross-complainant and Hugh F. Adams, whereby the cross-complainant agreed to furnish money to said Adams from time to time during the horse-racing season of 1901, for the purpose of enabling Adams to ship his race-horse, known as St. Patrick, to various race-courses throughout the country and to pay for the feeding and care of said
Judgment reversed, with instructions to overrule appellee’s demurrer to the amended cross-complaint, and 'for other proceedings not inconsistent with this opinion.