Hall v. Tuttle
New York Supreme Court
Demurrer to pleadings. The action is replevin. The ii. . ° „ ; z> i declaration contains two counts, alleging the taking of a sloop with her apparel, furniture, &c. at Coxsackie, in the county of Greene, on the 20th June, 1826. The defendant, as sher- . „ , , iff of the county of Greene, avowed the taking ot the sloop by virtue of an execution issued on a judgment against one James Hatch, who he averred was owner of the same; that ,, the execution was issued and delivered to…
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Demurrer to pleadings. The action is replevin. The ii. . ° „ ; z> i declaration contains two counts, alleging the taking of a sloop with her apparel, furniture, &c. at Coxsackie, in the county of Greene, on the 20th June, 1826. The defendant, as sher- . „ , , iff of the county of Greene, avowed the taking ot the sloop by virtue of an execution issued on a judgment against one James Hatch, who he averred was owner of the same; that ,, the execution was issued and delivered to nim on the 19th May, 1826 ; that it was tested the 13th day of May and returnahle at the then next August term ; and…
1Opinion of the Court
By the Court, Sutherland, J.
It is well settled, as a general rule, that replevin will not lie for goods taken under a regular and valid judgment and execution, the goods being in the possession of the defendant in the execution at the time of the levy. Goods taken in execution are in the custody of the law, and it would be repugnant to sound principles to permit them to be taken out of such custody, when they are found by the officer in the possession of the defendant in the execution. (14 Johns. R. 87. 15 id. 402. 19 id. 32. 5 Mass. R. 283. Willes’ R. 672, note b. 2 Strange, 1184. 1 Chitty’s…
2Cases cited1 opinion
- Marshall v. DavisNew York Supreme Court · 1828
3Cited by12 opinions
- Otis v. WoodNew York Supreme Court · 1830
- Dunham v. WyckoffNew York Supreme Court · 1829
- Dawson v. St. Paul Fire & Marine Ins.Supreme Court of Minnesota · 1870
- Becker v. City of St. CharlesSupreme Court of Missouri · 1865
- Lynch v. St. JohnNew York Court of Common Pleas · 1878
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