Tomlinson v. Collins
Supreme Court of Connecticut
This was an action of replevin, to obtain the possession of certain goods, alleged to be the property of the plaintiff, which had been taken from him, by attachment. The defendant avowed the taking, by virtue of a writ of attachment in his favour against Samuel Walcutt; alleging, that the goods, at the time of such taking, were the property of said Walcutt, and not* of the plaintiff. Upon this plea issue was joined.
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This was an action of replevin, to obtain the possession of certain goods, alleged to be the property of the plaintiff, which had been taken from him, by attachment. The defendant avowed the taking, by virtue of a writ of attachment in his favour against Samuel Walcutt; alleging, that the goods, at the time of such taking, were the property of said Walcutt, and not* of the plaintiff. Upon this plea issue was joined. The cause was tried at New-Haven, January term, 1850. On the trial, the plaintiff, for the purpose of proving title to the goods, claimed and offered evidence to prove, that on…
1Opinion of the Court
Church, Ch. J.
This being an action of replevin for goods attached, the plaintiff can recover only by proving himself to be the owner of them. Brown v. The Chicopee Falls Co., 16 Conn. R. 87.
The first and most material question arising here,is, whether the legal title to the property in controversy vested in the plaintiff, before it was attached by the officer, on the second writ of attachment. Walcutt was the owner of the goods, and the contract between him and the plaintiff, made on the 22d day of August, 1848, was, that the plaintiff should have them, if he would pay the claim of Hubbell,…
2Cases cited3 opinions
- Lane v. JacksonMassachusetts Supreme Judicial Court · 1809
- Turner v. AustinMassachusetts Supreme Judicial Court · 1819
- Denny v. WarrenMassachusetts Supreme Judicial Court · 1820
3Cited by8 opinions
- Gumbel v. PitkinSupreme Court of the United States · 1888
- Hervey v. Rhode Island Locomotive WorksSupreme Court of the United States · 1877
- Hutcheson v. KingCourt of Appeals of Texas · 1904
- Bell v. ShaferWisconsin Supreme Court · 1883
- Hankinson v. PageU.S. Circuit Court for the District of Southern New York · 1887
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