Carter v. Simpson
New York Supreme Court
IN error, on certiorari, from a justice’s court. The return stated that Simpson sued Carter before the ^ » ■* e justice, and declared for damage done to his hay, by the cattle of the defendant, which the defendant turned into the field where the hay was stacked, and in pulling down ' and carrying away the fence around the stack, &c. The defendant pleaded not guilty; and the cause was tried by a jury.
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IN error, on certiorari, from a justice’s court. The return stated that Simpson sued Carter before the ^ » ■* e justice, and declared for damage done to his hay, by the cattle of the defendant, which the defendant turned into the field where the hay was stacked, and in pulling down ' and carrying away the fence around the stack, &c. The defendant pleaded not guilty; and the cause was tried by a jury. The plaintiff offered to prove his property in the hay, standing in a stack on the ground of the defendant, by purchase at auction, at a constable’s sale, on an execution against one Jarvis. The…
1Per curiam
As the plaintiff below never had possession of the hay, which was on the defendant’s ground at the time of the alleged injury, he was bound, at least, to show a right of property. The proof of a purchase at auction, at a constable’s sale, without showing the au*536thorny under which the constable acted, was not enough. If the constable had no authority to sell the hay, the vendee had no title. The books have gone so far as to say, tlíat a vendee under a lawful judgment and execution, shall not lose his property, upon a reversal of the judgment by writ of error. This was so ruled in Manning's…
2Cited by5 opinions
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