Rich v. Roberts
Supreme Judicial Court of Maine
Reported from Nisi Prius, by Appleton, J., October term, 1856. This was an action of trespass. The defendant, as an officer, on the 21st day of September, 1855, attached certain horses, oxen and carriages, on two writs in favor of J. A. Cushing,— one against' Andrew R. Grant of Frankfort, and the second against said Grant and John Bachelder of Oldtown.
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Reported from Nisi Prius, by Appleton, J., October term, 1856. This was an action of trespass. The defendant, as an officer, on the 21st day of September, 1855, attached certain horses, oxen and carriages, on two writs in favor of J. A. Cushing,— one against' Andrew R. Grant of Frankfort, and the second against said Grant and John Bachelder of Oldtown. The plaintiff claimed the property under a mortgage bill of sale, from Grant and Bachelder to him, dated September the 18th, 1855, to secure the payment of their note for $800. The mortgage, on the day of its date, was recorded by the town…
1Opinion of the Court
The opinion, concurred in by a majority of the Court, was drawn up by
Tenney, C. J.
The oxen and other property in question were formerly owned by Theophilus Cushing, who entered into a contract with Grant and Bachelder, to sell the same to them at an agreed price, he retaining the title therein till the consideration should be fully paid. On failure of Grant and Bachelder to become the owners of the property, by payment, they were to compensate Cushing for its use.
It appears, from the case, that J. A. Cushing had valid claims against Grant and Bachelder, and that he caused the property to bo…
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