Kirtland v. Snow
Supreme Court of Connecticut
This was an action of trespass de bonis asportatis, with a count in trover for the same cause of action ; brought by John Kirtland against Charles W. Snow and Samuel Colt. On the trial of this cause, at the August term of the superior court, 1848, the following facts were found, the issue being closed to the court. Snow had taken the property in question, by virtue of legal process in favour of Colt, against one Wilson Beckwith.
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This was an action of trespass de bonis asportatis, with a count in trover for the same cause of action ; brought by John Kirtland against Charles W. Snow and Samuel Colt. On the trial of this cause, at the August term of the superior court, 1848, the following facts were found, the issue being closed to the court. Snow had taken the property in question, by virtue of legal process in favour of Colt, against one Wilson Beckwith. The property consisted of oxen and farming utensils, which were used by Beckwith, on a farm belonging to the wife of the plaintiff. This farm had been purchased by…
1Opinion of the CourtHinman, J.
The questions in this case arise upon facts *27found by the court. [He then stated the facts concisely, and proceeded thus-]
As it was lawful for Beckwith to prefer one or more of his creditors, so it was lawful for Lamphear and Mrs. Kirtland to obtain payment or security for their debts, by an appropriation of their debtor’s property for that purpose. It was no objection to this, that such appropriation might deprive other creditors of their means of enforcing payment. There is no more objection to a creditor’s purchasing his debtor’s property, and applying it in payment, than there is in…
2Cited by8 opinions
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