Brown v. Wood
Massachusetts Supreme Judicial Court
Replevin of a horse and other personal property, attached by the defendant, as a deputy of the sheriff of Worcester, on a writ against F. P. Brown, in favor of one Lincoln and others.
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Replevin of a horse and other personal property, attached by the defendant, as a deputy of the sheriff of Worcester, on a writ against F. P. Brown, in favor of one Lincoln and others. Trial in the Superior Court, before Putnam, J., who allowed a bill of exceptions in substance as follows : . The plaintiff, to prove her title to the property, put in a bill of sale from Jacob S. Miller to her, dated May 7,1875, and it appeared that F. P. Brown was her husband, and, on May 7, 1875, owned the property and made a bill of sale thereof to Miller, who then made the bill of sale to the plaintiff, it…
1Opinion of the CourtDevens, J.
In order to prove a consideration for the bill of sale of the property conveyed to her (through a third person) by the husband, the plaintiff endeavored to show that it was made in repayment of a loan by her. The transaction upon which she relied was one which took place between the husband and wife when no one else was present, and her statement that it was a loan necessarily involved a statement that, when the money was delivered by her, there was in some form a promise on the part of the husband to repay. A mere delivery of money by the wife to the husband would not raise a presumption…
2Cases cited4 opinions
- Jacobs v. HeslerMassachusetts Supreme Judicial Court · 1873
- Hayward v. CainMassachusetts Supreme Judicial Court · 1872
- Bancroft v. CurtisMassachusetts Supreme Judicial Court · 1871
- Bassett v. BassettMassachusetts Supreme Judicial Court · 1873
3Cited by12 opinions
- Owen v. StateSupreme Court of Alabama · 1885
- Atlantic National Bank v. TavenerMassachusetts Supreme Judicial Court · 1881
- Gross v. StateCourt of Criminal Appeals of Texas · 1911
- Gant v. StateCourt of Criminal Appeals of Texas · 1909
- Fowle v. TorreyMassachusetts Supreme Judicial Court · 1883
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