Dickenson v. Cook
New York Supreme Court
THIS was an action of trover for a pair of horses, harness, and wagon, a table, clock, bureau, ten pictures, six chairs, &c. A judgment was recovered in this court by Roswell Reed against Thomas II. Hoghialing, on which a writ oí fieri facias was issued in May, 1817, to the sheriff’ of the county of Greene, returnable at the next August term, with directions to levy 1,087 dollars, with interest, &c.
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THIS was an action of trover for a pair of horses, harness, and wagon, a table, clock, bureau, ten pictures, six chairs, &c. A judgment was recovered in this court by Roswell Reed against Thomas II. Hoghialing, on which a writ oí fieri facias was issued in May, 1817, to the sheriff’ of the county of Greene, returnable at the next August term, with directions to levy 1,087 dollars, with interest, &c. The property ^specified in the declaration, being in the possession of Hoghialing, was levied upon, and, except the wagon, sold by the sheriff under the execution in June, 1817, and purchased by…
1Opinion of the CourtYates, J.
It was decided in Craig v. Ward, (9 Johns. Rep. 197.) that the mere possession of a personal chattel, with the consent of the true owner, will not render the chattel liable to the debts or disposition of the reputed owner, unless it appeared that the possession was fraudulent, and for some deceptive purpose, which might be implied from the special circumstances of the case. This decision did not impair the general principle of law, that a continued possession of goods by a vendor is prima facie evidence of fraud, as against creditors. In Farrington v. Smith, (15 Johns. Rep. 430.) the court…
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