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Keywords

divorceappellantappellee

appealtrialdivorceappellantappellee

Related Cases

Akers v. Sellers, 114 Ind.App. 660, 54 N.E.2d 779

Facts

The parties, who were once married, received the Boston terrier as a gift from a veterinarian. After their marriage ended in divorce, the court did not address the custody of the dog, leaving it in the possession of the wife. The appellant claimed legal title to the dog, asserting that it was originally given to him and then passed to the appellee.

Despite the tie and cementing influence of this little Boston terrier, the marriage of the parties proved not to have been made in heaven and the appellee sought and obtained a divorce.

Issue

The main legal issue was whether the appellant had sufficient legal grounds to reclaim possession of the dog from the appellee.

The record presents no question for our consideration except that the evidence is insufficient to sustain the decision of the court and that the same is contrary to law.

Rule

The court applied the principle that possession accompanies ownership, and that the evidence must support the claim of ownership in replevin actions.

We find evidence tending to prove that the dog in controversy was first given to the appellant and by him, in turn, given to the appellee.

Analysis

The court analyzed the evidence presented, noting that the dog was initially given to the appellant and subsequently to the appellee. The court found that the appellant's claim of ownership was not sufficient to overturn the lower court's decision, as the appellee had possession of the dog and the appellant did not provide compelling evidence to support his claim.

The fact, however, that we may possibly have more confidence in the wisdom of Solomon than we do in that of the trial court hardly justifies us in disturbing its judgment.

Conclusion

The court affirmed the lower court's judgment, concluding that the evidence did not support the appellant's claim and that the decision was not contrary to law.

Affirmed.

Who won?

Stella Sellers prevailed in the case because the court found that the evidence supported her possession of the dog, which accompanied her ownership claim.

The appellee has failed to show sufficient interest in the controversy, or its subject, to file an answer below or favor us with a brief on appeal.

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