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Animal Law Keyed to Wagman
Akers v. Sellers
Citation:
114 Ind. App. 660, 54 N.E.2d 779 (1944)Facts
The parties in this case were formerly husband and wife whose marriage ended in divorce. Approximately seven years before the case, a Boston bull terrier came into their lives as a gift from a veterinarian who had been boarding the dog for a previous owner who never returned. After the divorce, the wife retained possession of the dog as she remained in the marital home. The divorce decree did not address the ownership or custody of the dog. The husband, claiming ownership of the dog which he valued at $25, filed a replevin action to recover possession. Evidence presented at trial indicated that while the dog may have initially been given to the husband, he subsequently gave the dog to his wife during their marriage. The wife did not file an answer to the complaint nor submit a brief on appeal.
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