Legal Opinion

Taylor v. Boardman

Supreme Court of Vermont

Decided September 15, 1853PublishedCited by 18 opinions

Trover for four carding engines. Plea, general issue, and trial by jury. i On the trial, the plaintiff offered in evidence a mortgage deed,, of said carding engines, executed hy Jeremiah Essex, Geo..

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Trover for four carding engines. Plea, general issue, and trial by jury. i On the trial, the plaintiff offered in evidence a mortgage deed,, of said carding engines, executed hy Jeremiah Essex, Geo.. W-Hamilton, and Joseph Tanner, to William A. Gould, dated the 25th day of July, 1845, with evidence tending to prove, that said mort1 gage was executed in the State of Massachusetts, and duly recorded in said State, agreeably to the laws of Massachusetts; and that the same was duly assigned to the plaintiff, and that said mortgager had been foreclosed by the plaintiff, in conformity to- the- laws…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

This is an action of trover, and the case involves the title to certain carding engines. It seems, that the engines in question, on the 25th day of July, 1845, were the property of Messrs. Essex, Hamilton, and Tanner, being then in their factory, in’Massachusetts; and that at Massachusetts, on the same day, they mortgaged them to one "William A. Gould, to secure the payment of a certain note specified in the mortgage, with a power of sale, in case of a breach of the condition of the mortgage.

Two of the mortgagors, and Gould, the mortgagee,…

2Cases cited3 opinions

  1. Dussuau v. RilieuxSupreme Court of Louisiana · 1821
  2. Porter v. LiddleSupreme Court of Louisiana · 1819
  3. Bank of the United States v. VannessU.S. Circuit Court for the District of District of Columbia · 1837

3Cited by18 opinions

  1. Edgerly v. . BushNew York Court of Appeals · 1880
  2. In re RogersAppellate Division of the Supreme Court of the State of New York · 1929
  3. Morrisette v. Canadian Pacific Railway Co.Supreme Court of Vermont · 1902
  4. Chicago, Milwaukee & St. Paul Railway Co v. Keokuk Northern Line Packet Co.Illinois Supreme Court · 1883
  5. Keenan v. StimsonSupreme Court of Minnesota · 1884

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