Holbrook v. Baker
Supreme Judicial Court of Maine
Replevin of a clock. The defendant, who was a constable, pleaded that the property was in one Peachy, which was traversed. He had attached the clock, for a debt due to one Wilson.
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Replevin of a clock. The defendant, who was a constable, pleaded that the property was in one Peachy, which was traversed. He had attached the clock, for a debt due to one Wilson. The plaintiff claimed it under a bill of sale, made after Wilson’s debt accrued, by which Peachy conveyed the clock to him in mortgage, to secure the sum of fourteen dollars then due, and such fur- > ther sum as might be due to him at the end of sixty days, within which time it might be redeemed by the mortgagor. The price of the clock was stated at fifty dollars ; and the sum due to the plaintiff had amounted to…
1Opinion of the Court
*312After this argument, which was had at May term 1827, the court took time for advisement, and its opinion was now delivered by
Mellen C. J.
The jury have, by their verdict, settled the question as to the alleged fraud in the conveyance of the clock ; and we are therefore to consider it as having been made fairly and honestly, for the purposes avowed and expressed at the time ; and the only inquiries are, whether the facts relating to the possession of the clock, and the nature of the mortgage of it, furnish any objections to its validity and intended effect. It has been contended that the…
2Cited by2 opinions
- Tregear v. Etiwanda Water Co.California Supreme Court · 1888
- Keith v. HaggartSupreme Court Of The Territory Of Dakota · 1887