Sebright v. Moore
Michigan Supreme Court
Error to Allegan Circuit. This was replevin brought by Sebright to recover a yoke of oxen ancl an ox-yoke. Moore claimed them by virtue of a sale on execution against one Hill, issued upon a judgment in favor of one Cooper. The property was first taken on an attachment, and after judgment, was sold on the execution.
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Error to Allegan Circuit. This was replevin brought by Sebright to recover a yoke of oxen ancl an ox-yoke. Moore claimed them by virtue of a sale on execution against one Hill, issued upon a judgment in favor of one Cooper. The property was first taken on an attachment, and after judgment, was sold on the execution. Hill had contracted for the purchase of this property from Sebright to be paid for in work, and the title to remain in the vendor till payment; and he had also made a like contract for the purchase of a span of horses. The defendant urged that Sebright was estopped from asserting…
1Per curiam
First. It was for the jury to weigh the evidence, and if *94they believed what Cooper and Gregory swore to, the proof went beyond what is necessary for an estoppel, and showed that' Sebright actually disclaimed ownership, affirmed that Hill was owner, and advised Cooper to levy on the cattle as Hill’s property. Assuming the truth of this testimony, as we must upon the point made, Sebright expressly consented to the levy, and to all the succeeding steps which appear to have been taken to bind the property for the attachment debt.
Second. The evidence given by these witnesses very plainly conduced…
2Cited by6 opinions
- Johnson v. CorbetMichigan Supreme Court · 1985
- Barnard v. German American SeminaryMichigan Supreme Court · 1882
- People v. BrownMichigan Supreme Court · 1906
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- Johnson v. CorbetMichigan Supreme Court · 1985
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