Patrick v. Meserve
Superior Court of New Hampshire
Trespass, for taking a pair of oxen'. The defendants justified the taking by virtue of an éxecution in their favor against Charles Patrick, whose property they alleged the oxen were.
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Trespass, for taking a pair of oxen'. The defendants justified the taking by virtue of an éxecution in their favor against Charles Patrick, whose property they alleged the oxen were. The evidence showed the oxen to have been originally the property of one Ozem Davis, who sold them to said Charles Patrick, and took his note and a mortgage upon the same cattle to secure the note : That the plaintiff was the son of Charles Patrick, and they lived together upon a farm, belonging to Olive Grant, the mother of Mrs. Charles Patrick, who also was a member of the family, and the farm, for many years,…
1Opinion of the CourtWoods, J.
The plaintiff derives title to the chattels, for the taking of which he has brought his action, from *302Davis, who originally owned them. Davis, however, had sold them to Charles Patrick, under whom the defendant claims, by virtue of an attachment, to hold the possession.
Charles Patrick, to secure the price, mortgaged the oxen to Davis. The price not having been paid, Davis offered to take them back in payment, and Charles agreed to the offer; but the oxen were, at the time when this agreement was made, in the State of Maine, at a considerable distance from the parties, and therefore incapable…
2Cases cited1 opinion
- Ricker v. CrossSuperior Court of New Hampshire · 1832
3Cited by2 opinions
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Bank v. RaymondSupreme Court of New Hampshire · 1876