Gould v. Day
Supreme Court of the United States
ERROR to the Circuit Court of the United States for the Eastern District of Michigan. The action was on the case against Gould, the defendant in the court below, for selling lands, situated in the State of Michigan, under a power of attorney from the person appearing to be the owner on the public record of deeds, knowing at the time that the property belonged to the plaintiff.
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ERROR to the Circuit Court of the United States for the Eastern District of Michigan. The action was on the case against Gould, the defendant in the court below, for selling lands, situated in the State of Michigan, under a power of attorney from the person appearing to be the owner on the public record of deeds, knowing at the time that the property belonged to the plaintiff. The declaration avers that the several parties who bought at the sales thus made were purchasers for a valuable consideration, in good faith, without notice of the rights of the plaintiff, and that the property has thus…
1Opinion of the CourtJustice Field
The whole conduct of Gould, as disclosed by his letters, indicated a fraudulent purpose. It might justly be termed larcenous, if larceny could be applied to a fraudulent sale of another’s lands, and the retention of the proceeds. He knew that Jackson was not the owner of the lands which were sold in his name. The jury have found as a fact, that, when be made tbe conveyances, be did not believe'that Jackson bad any title. He was aware, therefore, all the time, that be was defrauding tbe true oiwner, whoever be might be, by tbe use of tbe power of attorney. Tbe jury bave also found that be bad…
2Cases cited2 opinions
- Smith v. LewisWisconsin Supreme Court · 1866
- Jackson v. ClevelandMichigan Supreme Court · 1866
3Cited by50 opinions
- United States v. Alfred Marion Spoonhunter, Sr.Court of Appeals for the Tenth Circuit · 1973
- Conway v. StateIndiana Supreme Court · 1889
- Bunnell v. BunnellCourt of Appeals of Kentucky · 1901
- Northern Pac. R. Co. v. CharlessCourt of Appeals for the Ninth Circuit · 1892
- Henderson v. ColemanWyoming Supreme Court · 1911
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