Baldwin v. Talbot
Michigan Supreme Court
Error to Cass. Replevin. Plaintiff brings error. .At common law suit must be brought in plaintiff’s full name, though changes have been made by statute; .Stat. 3 and 4, Wm.
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Error to Cass. Replevin. Plaintiff brings error. .At common law suit must be brought in plaintiff’s full name, though changes have been made by statute; .Stat. 3 and 4, Wm. IV., ch. 42, § 12; but this does not extend beyond the express terms of the statute, Bust v. Kennedy 4 M. & W. 586; fraudulent disposition of property deprives an execution debtor of his right to exemption, Herschfeldt v. George 6 Mich. 456; Brackett v. Watkins 21 Wend. 68; Grimes v. Bryne 2 Minn. 89; levy can be made on mortgaged chattels at any time before foreclosure, •Cary v. Hewitt 26 Mich. 229; Macomber v. Saxton 28…
1Opinion of the CourtCampbell, J.
Talbot sued Baldwin in replevin to recover a horse which Baldwin had seized on execution. Talbot claimed the horse as exempt, and there was testimony showing him entitled to the exemption. Baldwin levied on this horse and upon some mortgaged property besides, including another horse and „a buggy. When he made the levy he was instructed to disregard Talbot’s claim of exemption, and he intentionally omitted to take any steps to enable Talbot to select, and refused to give up the animal in question. This levy was made in Cass county. There was some evidence that Talbot had some property in…
2Cases cited1 opinion
- Bayne v. PattersonMichigan Supreme Court · 1879
3Cited by5 opinions
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