Hathaway v. St. John
Supreme Court of Connecticut
This was an writ of replevin, in connexion with an action of trespass, brought by Henry D. Hathaway, as trustee of Julia M, Clark, against Charles St. John and Henry A. Burr, to obtain the possession of a pair of horses, carriage and harness, then in the possession of Reuben H. Way, a deputy sheriff, which he had taken,*in August 1848, by virtue of an attachment in favour of said St, John and Burr against Remick K. Clark.
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This was an writ of replevin, in connexion with an action of trespass, brought by Henry D. Hathaway, as trustee of Julia M, Clark, against Charles St. John and Henry A. Burr, to obtain the possession of a pair of horses, carriage and harness, then in the possession of Reuben H. Way, a deputy sheriff, which he had taken,*in August 1848, by virtue of an attachment in favour of said St, John and Burr against Remick K. Clark. The defendants avowed the taking of the chattels, alleging that they were the property of said Remick K. Clark, and not the property of the plaintiff, as trustee of Julia M.…
1Opinion of the CourtEllsworth, J.
Upon the merits of this case, the defendants have chiefly urged the insufficiency of the power of attorney given by the plaintiff to Remick K. Clark. They insist, that if this is insufficient, no title passed to the plaintiff', by the sale of Hart. We do not think that the sufficiency of this power of attorney is necessarily involved in our decision.
The defendants claim, as the creditors of Clark. We are satisfied, that Clark never had any title in himself, and, of course, they did not acquire any from him. It is true, they may require the plaintiff to show his title, though they had *348none…
2Cited by2 opinions
- Stevens v. KelleySupreme Court of Connecticut · 1895
- McDonald v. HolmesSupreme Court of Connecticut · 1877