French v. Holmes
Supreme Judicial Court of Maine
On exceptions and motion. Replevin in two cases tried together, wherein the defense was in one case that the sheep and lambs, in the other, the cow, were the property of John S. French, from whom they were taken by the officer on execution against him in favor of the defendant, and that they were not the property of the plaintiffs, the wife and son of the said John S. French; that the pretended gift by him to them of the lamb and calf, the origin and progenitor of those…
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On exceptions and motion. Replevin in two cases tried together, wherein the defense was in one case that the sheep and lambs, in the other, the cow, were the property of John S. French, from whom they were taken by the officer on execution against him in favor of the defendant, and that they were not the property of the plaintiffs, the wife and son of the said John S. French; that the pretended gift by him to them of the lamb and calf, the origin and progenitor of those replevied, was fraudulent as to creditors. One of the positions of the plaintiffs was that the property was valueless to…
1Opinion of the CourtAppleton, C. J.
These are actions of replevin. The first is to recover a cow four years old, alleged to be the property of the plaintiff. The second to recover four sheep and two lambs, alleged to be the property of the plaintiff, a minor.
Tho pleas were the general issue with brief statements, that the cow, sheep and lambs named in the replevin suits at the time of the alleged taking were the property of one John S. French, and that they were delivered by said French to one Stacy, a deputy sheriff, who took the same on execution in favor of said Holmes against said French, to be sold on execution according…
2Cases cited10 opinions
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- Reade v. LivingstonNew York Court of Chancery · 1818
- Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
- Salmon v. BennettSupreme Court of Connecticut · 1816
- Kehr v. SmithSupreme Court of the United States · 1874
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Boyle v. GrayCourt of Appeals for the First Circuit · 1928
- Austin v. A. & W. Sprague Manufacturing Co.Supreme Court of Rhode Island · 1884
- Boyle v. GrayCourt of Appeals for the First Circuit · 1928
- Wiswell v. JarvisDistrict Court, D. Maine · 1881