Legal Opinion

Cochran v. Clements

Superior Court of Delaware

Decided March 4, 1936No. Trover, No. 60PublishedCited by 2 opinions

1Opinion of the Court

Rodney, J.,

delivering the opinion of the Court:

It is immediately apparent that the abstract of judgment and execution filed on October 17th, 1934, was not filed within two days of the issuance of the execution on October 13th. That question, however, is not material, as the only statutory effect was the loss of priority over a subsequent execution and there was no such subsequent execution. The only relevancy the abstract has to this case is the additional constructive notice of the existence of the execution that such abstract gave to the present defendants.

An action of trover lies to…

2Cases cited4 opinions

  1. Lindley v. KelleyIndiana Supreme Court · 1873
  2. Denny v. Wilmington Ice & Coal Co.Court of Chancery of Delaware · 1925
  3. Gilkey v. Dickerson.Supreme Court of North Carolina · 1824
  4. Postell v. Avery & Co.Court of Appeals of Georgia · 1913

3Cited by2 opinions

  1. Cubbage v. ClementsSuperior Court of Delaware · 1940
  2. In re Stanley's Asphalt Paving, Inc.United States Bankruptcy Court, D. Delaware · 2006

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