Osborne v. Moss
New York Supreme Court
THIS was an action of trespass quare clausum fregit, ike. 'The declaration stated, Í. That on the 10th of Septe77iber, 1809, the defendant, at Moreau, in Saratoga county, broke and entered the close of the plaintiff, and ' took and carried away one pair of oxen, of the value of 200 dollars, and two cows, of the value of 100 dollars, 2. For taking and carrying away the same chattels.
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THIS was an action of trespass quare clausum fregit, ike. 'The declaration stated, Í. That on the 10th of Septe77iber, 1809, the defendant, at Moreau, in Saratoga county, broke and entered the close of the plaintiff, and ' took and carried away one pair of oxen, of the value of 200 dollars, and two cows, of the value of 100 dollars, 2. For taking and carrying away the same chattels. The defendant pleaded as to the force, &c. not guilty; and as to the residue, that before, &c. to wit, on the 11th September, 1809, the defendant was legally appointed ad- . rninistrator of Samuel Hodges,…
1Per curiam
The defendant justifies, as administrator of Hodges, the taking of the goods in question from the possession of the plaintiff; and he denies the right of the plaintiff to hold them under the judgment and execution which he had against the intestate, because the judgment, execution and sale were all procured by covin and fraud between the plaintiff and intestate, to cheat the creditors of the intestate; and this fact is admitted by the demurrer. But the case of Hawes v. Leader *164(Cro. Jac. 270. Yelv. 196.) is an answer to this defence, , ,,, _ , , . and completely destroys it. In that case the…
2Cited by46 opinions
- Ward v. . PetrieNew York Court of Appeals · 1898
- Clemens v. ClemensWisconsin Supreme Court · 1871
- Mackie v. CairnsCourt for the Trial of Impeachments and Correction of Errors · 1825
- Brownell v. CurtisNew York Court of Chancery · 1843
- Spooner's Adm'r v. Hilbish's Ex'orSupreme Court of Virginia · 1895
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