Brooks v. Powers
Massachusetts Supreme Judicial Court
Replevin of a pair of oxen, and other cattle, attached by the defendant, a constable, on an original writ against one Stephen Witt. The defendant pleaded property in Witt, traversed the property of Brooks, and avowed for a return. The plaintiff replied property in himself, upon which issue was joined.
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Replevin of a pair of oxen, and other cattle, attached by the defendant, a constable, on an original writ against one Stephen Witt. The defendant pleaded property in Witt, traversed the property of Brooks, and avowed for a return. The plaintiff replied property in himself, upon which issue was joined. Upon the trial of this issue before Putnam, J., it appeared in evidence that Witt, during the years 1816 and 1817, lived on a farm owned by the plaintiff, who had leased the same to Witt for those years, making a distinct lease for each year, commencing on the 1st of April. A few days before the…
1Opinion of the Court
By the Court.
It has been contended, in this case, that the possession of the vendor of personal chattels, after the sale, is conclusive evidence, in favor of creditors, that the sale was fraudulent, or rather that it is itself a fraud. But we are all of opinion that, although it is generally evidence of the strongest kind, it is net conclusive. The vendee may, notwithstanding, upon proof that the sale was boná fide and for a valuable consideration, and that the possession of the vendor, after such sale, was in pursuance of some agreement not inconsistent with honesty in the * transaction,…
2Cases cited10 opinions
- Sturtevant v. BallardNew York Supreme Court · 1812
- Ingraham v. WheelerSupreme Court of Connecticut · 1826
- Claytor v. AnthonySupreme Court of Virginia · 1828
- Dawes v. CopeSupreme Court of Pennsylvania · 1811
- Taintor v. WilliamsSupreme Court of Connecticut · 1828
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3Cited by21 opinions
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- Bissell v. HopkinsNew York Supreme Court · 1824
- Bindley v. Martin Bros.West Virginia Supreme Court · 1886
- Ingalls v. HerrickMassachusetts Supreme Judicial Court · 1871
- Bryant v. KeltonTexas Supreme Court · 1846
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