Nichols v. Patten
Supreme Judicial Court of Maine
Trespass for a quantity of saw-mill gearing, hoops, &c. The plaintiff claimed the property under an alleged attachment thereof as the property of one Rogers, Jan. 16, 1837. The defendants claimed under a bill of sale, dated on Jan. 14, 1837. Erastus C. Wheeler was called by the plaintiff, and testified, that on the morning of January 16, 1837, he went to the mill-yard of the defendants in Phipsburg, over which and in the workshops and sheds, the property in controversy,…
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Trespass for a quantity of saw-mill gearing, hoops, &c. The plaintiff claimed the property under an alleged attachment thereof as the property of one Rogers, Jan. 16, 1837. The defendants claimed under a bill of sale, dated on Jan. 14, 1837. Erastus C. Wheeler was called by the plaintiff, and testified, that on the morning of January 16, 1837, he went to the mill-yard of the defendants in Phipsburg, over which and in the workshops and sheds, the property in controversy, being gearing for several sawmills, some of it pártly finished, was scattered, and met the plaintiff, coming from the yard,…
1Opinion of the Court
The opinion of the Court was by
Shepley J.
Both parties claim the property under William R. Rogers; the defendants as purchasers by a bill of sale executed on the 14th of January, 1837, and the plaintiff by'an. attachment made by him as a deputy sheriff on several writs on' the 16th of the same month. It appears from the testimony, that the property was on the land or within buildings belonging to the defendants, and that after the bill of sale Rogers no longer had possession, or control of the lands or buildings, but that they were within the exclusive control of the defendants or their'agent.…
2Cases cited2 opinions
- Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
- Rea v. SmithNew York Supreme Court · 1838
3Cited by19 opinions
- Severance v. Knight-Counihan Co.California Supreme Court · 1947
- Springer v. DroschIndiana Supreme Court · 1870
- Livingston v. IvesSupreme Court of Minnesota · 1886
- Green v. HooperNevada Supreme Court · 1917
- Crisman v. DorseySupreme Court of Colorado · 1889
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