Shaddon v. Knott
Tennessee Supreme Court
This was an. action of replevin in tbe circuit court of Maury county. At tbe September Term, 1852, Maetin, Judge, presiding, there was judgment for tbe defendant, and tbe plaintiff appealed in error. cited act 1846, ch. 65; 8 Humph., 609; 9 Hid., 141; 10 Ibid., 818; 3 New Iiamp., 183; 16 Mass., 146; 1 Dallas, 139; 6 Binney, 2. argued: Suppose tbe sale from Halcomb to tbe plaintiff, of tbe brown mare, was absolute and unconditional, and Halcomb, by agreement, was permitted to…
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This was an. action of replevin in tbe circuit court of Maury county. At tbe September Term, 1852, Maetin, Judge, presiding, there was judgment for tbe defendant, and tbe plaintiff appealed in error. cited act 1846, ch. 65; 8 Humph., 609; 9 Hid., 141; 10 Ibid., 818; 3 New Iiamp., 183; 16 Mass., 146; 1 Dallas, 139; 6 Binney, 2. argued: Suppose tbe sale from Halcomb to tbe plaintiff, of tbe brown mare, was absolute and unconditional, and Halcomb, by agreement, was permitted to retain tbe possession, although we admit, as between the parties,- a contract of sale is complete without tbe…
1Opinion of the CourtOaruthers, J.
This action of replevin was brought for a brown mare, worth sixty dollars. The mare was sold by one Holcomb, to the plaintiff, but left with the vendor for the use of his family. Sometime after, Holcomb procured an auctioneer .to sell the mare for him, and she was bought by Tate, who sold her to the defendant. It does not appear that the defendant had any knowledge of the purchase of the plaintiff.
The judge charged the jury, first, that a sale of this kind of property, is good, even without delivery of possession, against a subsequent purchaser, without notice; and, secondly, “ that an action…
2Cases cited1 opinion
- Willis v. Willis' AdministratorsCourt of Appeals of Kentucky · 1837
3Cited by3 opinions
- Hewgley v. General Motors Acceptance CorporationCourt of Appeals of Tennessee · 1955
- First National Bank v. HowardCourt of Appeals of Tennessee · 1957
- Gulf Oil Corp. v. ForcumCourt of Appeals of Tennessee · 1964