Owen v. Dixon
Supreme Court of Connecticut
Tins was an action of trover, for two wagons, a horse anil a harness ; tried at Hartford, September term 1845, before - Ilinman, J. Oh the trial of the cause, on the general issue, the plaintiff, .claimed title to the property mentioned in the declaration, as executor of the last will and testament of William Wilkins, deceased. The property had been owned by Lyman Johnson, who had conveyed and delivered it to Wilkins, in his lifetime.
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Tins was an action of trover, for two wagons, a horse anil a harness ; tried at Hartford, September term 1845, before - Ilinman, J. Oh the trial of the cause, on the general issue, the plaintiff, .claimed title to the property mentioned in the declaration, as executor of the last will and testament of William Wilkins, deceased. The property had been owned by Lyman Johnson, who had conveyed and delivered it to Wilkins, in his lifetime. It remained in the possession of Wilkins until his death ; and immediately thereafter, the plaintiff, as his executor, took it into his possession, caused it to…
1Opinion of the CourtStorrs, J.
It is conceded, that the disposal which was made by the defendant of the property mentioned in the declaration, was a conversion of it: the question is, whether that conversion was wrongful.
The plaintiff’s possession of the property constitutes a good title to it as against a wrong-doer ; that is, a person who could not show a superior right. Johnson, the former owner of the property, had conveyed it to the plaintiff; and that conveyance, although fraudulent as to the creditors of Johnson, was clearly valid to all intents and purposes, as between him and the plaintiff. He was estopped from…
2Cases cited2 opinions
- Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
- Parker v. ProctorMassachusetts Supreme Judicial Court · 1812
3Cited by14 opinions
- Carithers v. WeaverSupreme Court of Kansas · 1871
- Knower v. Cadden Clothing Co.Supreme Court of Connecticut · 1889
- Sanford v. DeforestSupreme Court of Connecticut · 1912
- McClellan v. SolomonSupreme Court of Florida · 1887
- Thompson v. EstySupreme Court of New Hampshire · 1896
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