Neff v. Thompson
New York Supreme Court
This was an action of replevin in the cepit, for 186 sheep. The defendants pleaded generally, non-cepit, and gave notice that they would prove the sheep belonged to one Guernsey, and that Thompson, as sheriff of Fulton county,took the sheep under an execution issued on a judgment in favor of Ide and others; Ide acting as his assistant. The cause was tried at the Fulton circuit in November, 1846, before Willard, circuit judge.
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This was an action of replevin in the cepit, for 186 sheep. The defendants pleaded generally, non-cepit, and gave notice that they would prove the sheep belonged to one Guernsey, and that Thompson, as sheriff of Fulton county,took the sheep under an execution issued on a judgment in favor of Ide and others; Ide acting as his assistant. The cause was tried at the Fulton circuit in November, 1846, before Willard, circuit judge. On the trial the plaintiff proved by Guernsey that the sheep were purchased by and belonged to the plaintiff. That the plaintiff had them pastured on the premises of one…
1Opinion of the Court
By the Court, Parker, J.
The first question to be decided is whether the levy and sale by Thompson as sheriff, and the purchase by Ide, are sufficient to maintain replevin in the cepit. The sheriff went upon the field of Peck, where the sheep were at pasture, and levied upon them, and afterwards returned with Ide and sold them under the execution. The sheep were present at the sale, but were at large in the field, and had not been *215removed by the defendants after the sale, when they were replevied by the plaintiff. Replevin in the cepit will lie wherever trespass de bonis asportatis can be…
2Cases cited5 opinions
- Rogers v. KneelandNew York Supreme Court · 1833
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3Cited by7 opinions
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