Doty v. . Brown
New York Court of Appeals
Doty brought replevin against Brown in the supreme court, for a quantity of hay, oats, and other personal property. The case was this: On the 13th of October, 1843, one Sisson transferred to the plaintiff a lease for a farm in Oxford, Chenango county, together with the personal property situated thereon. On the 21st day of the same month, the defendant, a constable, seized the property by virtue of attachments against Sisson.
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Doty brought replevin against Brown in the supreme court, for a quantity of hay, oats, and other personal property. The case was this: On the 13th of October, 1843, one Sisson transferred to the plaintiff a lease for a farm in Oxford, Chenango county, together with the personal property situated thereon. On the 21st day of the same month, the defendant, a constable, seized the property by virtue of attachments against Sisson. He did not remove the property so attached, but suffered it to remain on the farm. Before the 12th of December, 1843, the plaintiff, claiming under the transfer of…
1Opinion of the CourtEuggles, J.
The title of the plaintiff Doty to the property replevied by him from Brown, depends entirely on the validity of the bill of sale executed to him by Sisson, bearing date on the 13th of October, 1843. If that was fraudulent as against the creditors of Sisson, who had obtained judgments against him and put executions into the hands of the constable, Brown, the plaintiff Doty must necessarily fail in his replevin suit.
The question of fraud was tried between these same parties in the former suit before Justice Tracy, and there determined [13] against the validity of the bill of sale. The goods in…
2Cases cited2 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Bouchaud v. DiasNew York Supreme Court · 1846
3Cited by40 opinions
- The Evergreens v. NunanCourt of Appeals for the Second Circuit · 1944
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Branson v. StudabakerIndiana Supreme Court · 1892
- Barker v. ClevelandMichigan Supreme Court · 1869
- Campbell v. CrossIndiana Supreme Court · 1872
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