Bryant v. Whitcher
Supreme Court of New Hampshire
Trover, by John S. Bryant against Whitcher & Weeks, for hay. The hay once belonged to one Holmes. The plaintiff’s title was that of a purchaser at a sheriff’s sale on an execution in favor of himself against Holmes. The defendants’ title was that of purchasers from Holmes before the attachment of the hay in the plaintiff’s suit against Holmes.
Read the full summary
Trover, by John S. Bryant against Whitcher & Weeks, for hay. The hay once belonged to one Holmes. The plaintiff’s title was that of a purchaser at a sheriff’s sale on an execution in favor of himself against Holmes. The defendants’ title was that of purchasers from Holmes before the attachment of the hay in the plaintiff’s suit against Holmes. The court reserved the question whether it would be a defence to this action that the defendants’ acquired a good title to the hay by purchase from Holmes before said attachment, if, before they converted it, they were informed and believed that the hay…
1Opinion of the CourtBellows, C. J.
The question here raised is, whether a sale by a sheriff, upon execution, will vest the title to the goods in the purchaser, as against a third person who is the real owner.
It is claimed that the title would so vest, upon the ground that such sale by a sheriff has the same effect to change the property as a sale in market overt, under the English law.
We think, however, that this doctrine has never been adopted in this State, and that the purchaser acquires no greater title than the sheriff has a right to sell; and that is simply the right of the debtor. It is clear and well established here,…
2Cases cited5 opinions
- Hoffman v. CarowCourt for the Trial of Impeachments and Correction of Errors · 1839
- Boggs v. Fowler & HargraveCalifornia Supreme Court · 1860
- Sanborn v. KittredgeSupreme Court of Vermont · 1847
- Griffith v. FowlerSupreme Court of Vermont · 1846
- Symonds v. HallSupreme Judicial Court of Maine · 1853
3Cited by2 opinions
- Bryce v. National City Bank of New RochelleDistrict Court, S.D. New York · 1937
- Nixon v. BrownSupreme Court of New Hampshire · 1876