Wattson v. . Campbell
New York Court of Appeals
This action was brougSt against the Defendant, who, on the 31st July, 1861, as Sheriff of the county of Kings, had levied an execution, issued on a judgment against one George R. Ayres, upon a vessel then in the alleged possession of the Plaintiffs, called the barque “ Florida.”
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This action was brougSt against the Defendant, who, on the 31st July, 1861, as Sheriff of the county of Kings, had levied an execution, issued on a judgment against one George R. Ayres, upon a vessel then in the alleged possession of the Plaintiffs, called the barque “ Florida.” The Plaintiffs, residing in Philadelphia, claimed title and iight of possession under a mortgage dated Noy. 30th, 1858, made to the Plaintiffs by the said George K. Ayres, also a resident of Philadelphia, to secure the payment and satisfaction of- all acceptances, notes, endorsements, and other obligations, made or…
1Opinion of the CourtWoodruff, J.
There is, I think, no- serious question in this case, except that which arises from the unqualified charge of the Judge to the jury, that “ the Plaintiffs’ mortgage is a valid mortgage,” and therefore that “ the only material question for' the jury to determine is, whether the Plaintiffs took possession before the levy.”
The Plaintiffs, the mortgagees, and Ayres, the mortgagor, re sided in Pennsylvania. Tbe mortgage was there made upon the vessel, registered in Pennsylvania, upon which the Defendant levied. The creditor in the judgment on which the execution was issued, also resided there.…
2Cases cited5 opinions
- Mentz v. HammanSupreme Court of Pennsylvania · 1840
- Anstice v. HolmesNew York Supreme Court · 1846
- Eberle v. MayerSupreme Court of Pennsylvania · 1829
- Hoofsmith v. CopeSupreme Court of Pennsylvania · 1841
- The Aetna Insurance Company v. . AldrichNew York Court of Appeals · 1862
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- McCarty v. WeatherlySupreme Court of Oklahoma · 1922
- Aultman & Taylor Machinery Co. v. KennedySupreme Court of Iowa · 1901
- Baxter National Bank v. TalbotMassachusetts Supreme Judicial Court · 1891
- State ex rel. Garrison v. County CommissionersSupreme Court of Florida · 1887
- Bath Gas Light Co. v. RowlandAppellate Division of the Supreme Court of the State of New York · 1903
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