Aetna Life Insurance Co. v. Park

Johnson, as the administrator of the estate of G.H. Mann, commenced this action in replevin against Nelly R. Marshall, alleging in his petition that as such administrator he is the absolute and unqualified owner and entitled to the possession of a certain diamond ring, being about seven-eighths karat blue-white diamond stone set in a mans old-style tooth yellow-gold mounting. That he acquired said ownership thereof by reason of his appointment as administrator of the estate of G.H. Mann, deceased, alleging that the said G.H. Mann was the owner of the said diamond ring at the time of his death and that it was of an actual value of $500. That he prayed for a writ of replevin for said property, demanding judgment for the possession thereof, or for the value of same if it could not be found, and for damages in the sum of $100, and costs. Nelly R. Marshall filed a general denial. There was a trial, in which evidence was offered. The case was submitted to the jury, which returned a verdict for the plaintiff in the amount of $350, and the defendant, being dissatisfied, has appealed to this court.