Mills v. Goodsell
Supreme Court of Connecticut
This was an action of trespass for a horse ; tried at Litchfield, August term, 1824, before Brainard, J. The plaintiff claimed title to the property described in the declaration, as a purchaser at a sale made by him, as deputy sheriff on an execution in favour of Anson Squires against Nathaniel Wilson. The defendant claimed the property, by virtue of a previous bona fide sale thereof, made by Wilson to him.
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This was an action of trespass for a horse ; tried at Litchfield, August term, 1824, before Brainard, J. The plaintiff claimed title to the property described in the declaration, as a purchaser at a sale made by him, as deputy sheriff on an execution in favour of Anson Squires against Nathaniel Wilson. The defendant claimed the property, by virtue of a previous bona fide sale thereof, made by Wilson to him. The plaintiff, in support of his right to recover, offered evidence to prove, that he exposed the property in question for sale, at public auction, on such execution ; that he was a bidder…
1Opinion of the CourtBrainard, J.
The question is, whether a sheriff having an execution to collect, levies it on personal property, and has occasion to sell that property at the post, can he be a purchaser—a seller and buyer-without the knowledge and consent of both creditor and debtor. I think he cannot. The objection is founded in moral policy. The plaintiff, as sheriff was, at the *479auction, the agent of both creditor and debtor ; and an agent cannot bid at the auction of property, which he is authorized to sell, and thereby become the purchaser of it. And the reason is, that otherwise great frauds might be practised…
2Cited by10 opinions
- Harrison v. McHenrySupreme Court of Georgia · 1850
- Baker v. SchofieldCourt of Appeals for the Ninth Circuit · 1915
- Chandler v. MoultonSupreme Court of Vermont · 1860
- Woodbury v. ParkerSupreme Court of Vermont · 1847
- Hermann v. HallCourt of Appeals for the Ninth Circuit · 1914
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