Legal Opinion

Layton & Sipple v. Steel

Superior Court of Delaware

Decided July 5, 1840Published

This was an action of replevin for a tailor’s shop, counter, draw-1 ers, stove, &c., &c. Narr. in the detinet. Pleas, non-cepit; proper •[ ty in Joseph M'Laughlin; and property in defendant.

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This was an action of replevin for a tailor’s shop, counter, draw-1 ers, stove, &c., &c. Narr. in the detinet. Pleas, non-cepit; proper •[ ty in Joseph M'Laughlin; and property in defendant. The defendant gave in evidence a judgment at the suit of Georgd R. Fisher against Joseph M'Laughlin; an execution issued on the 19tl| of July, 1841, and laid in defendant’s hands as sheriff of Sussex couni ty, who made a levy on the property for which the replevin in this case issued, on the same day, at twenty minutes after eight o’clocll in the evening. In behalf of the plaintiffs in the replevin, it…

1Opinion of the Court

By the Court.

The property in this case was levied on as the pro-srty of M'Laughlin, at twenty minutes past eight o’clock, P. M., 7 the 19th of July. On the 16th of July a bill of sale of this proper- •, either absolute or conditional, was made by M'Laughlin to James nderson for the consideration of $75, in payment of a debt as to 17 50, and as to the balance of $37 50 in trust for M'Laughlin’s ■editors, subject to a right of redemption: under this Anderson went to possession of the property; and executed a bill of sale for it to ay ton & Sipple on the 19th of July at night, between eight and…

2Cases cited1 opinion

  1. Morgan v. MorganSuperior Court of Delaware · 1920

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