Bliss v. Ball
New York Supreme Court
IN error, on certiorari, from a justice’s court. Ball sued Bliss before the justice, in trespass quare clausum fregit, for breaking his close and taking away and converting to his own use a brindled cow. The defendant pleaded not guilty, and also that, under a writ of fieri facias issued out of the court of common pleas of Lewis county, at the suit of Nash against Morton, he, as deputy sheriff, took and sold the cow, as the property of Morion.
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IN error, on certiorari, from a justice’s court. Ball sued Bliss before the justice, in trespass quare clausum fregit, for breaking his close and taking away and converting to his own use a brindled cow. The defendant pleaded not guilty, and also that, under a writ of fieri facias issued out of the court of common pleas of Lewis county, at the suit of Nash against Morton, he, as deputy sheriff, took and sold the cow, as the property of Morion. At the trial before the justice, it appeared in evidence, that Bliss did take the cow from the possession of Bally who had purchased the cow, at a fair…
1Per curiam
There is no evidence of an actual and specific levy on the cow in question, by the deputy sheriff, during one year after the execution came into his hands. The execution was issued in April, 1810, and the plaintiff below purchased the cow of Morton, in April, 1811, and during the year 1810, Morion owned two cows. There is no ground for an inference, that Ball purchased the cow with any fraudulent intent, or for the purpose of defeating the execution. He gave a fair price, and the question is, shall the simple fact of an execution, lying dormant in the sheriff’s hands for a year, and without…
2Cited by8 opinions
- Green v. BurkeNew York Supreme Court · 1840
- Moseley v. Doe ex dem. EdwardsSupreme Court of Florida · 1849
- Allen v. LevyMississippi Supreme Court · 1882
- Adair v. M'DanielCourt of Appeals of North Carolina · 1829
- Cross v. BrownSupreme Court of New Hampshire · 1860
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