Parker Mills v. Jacot
The Superior Court of New York City
Appeal by the plaintiffs from an order denying a motion for a new trial. This action was brought by the Parker Mills, a Massachusetts corporation, against Edward H. Jacot, a judgment and execution creditor of one Edgar Sprague, and also against James 0. Willett, Sheriff of the city and county of Few York, to recover the possession of a certain schooner called the Ann S. Salter, and damages for the detention. . It was tried before his Honor Justice Mohceiee and á jury, on the…
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Appeal by the plaintiffs from an order denying a motion for a new trial. This action was brought by the Parker Mills, a Massachusetts corporation, against Edward H. Jacot, a judgment and execution creditor of one Edgar Sprague, and also against James 0. Willett, Sheriff of the city and county of Few York, to recover the possession of a certain schooner called the Ann S. Salter, and damages for the detention. . It was tried before his Honor Justice Mohceiee and á jury, on the 7th of Fovember, 1859. The defendants justified the taking under a judgment and execution in favor of Jacot against…
1Opinion of the Court
By the Court—Robertson, J.
The plaintiff’s right to recover depends upon the act of Congress of July, 1850, (9 U. S. Stat. at Large, p. 440,) if that be a constitutional enactment. It requires bills of sale and conveyances to he recorded in a Collector’s office in order to be notice to *168any one save grantors and mortgagors and their representatives, and persons having actual notice of them. It is contended on behalf of the plaintiff that information sufficient to put parties upon inquiry is actual notice, within the meaning of the statute; that mere want of notice could not alter the ownership…
2Cases cited10 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Mayor of New York v. MilnSupreme Court of the United States · 1837
- United States v. CoombsSupreme Court of the United States · 1838
- Verplank v. SterryCourt for the Trial of Impeachments and Correction of Errors · 1815
- Jackson ex dem. Hyer v. Van ValkenburghNew York Supreme Court · 1828
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