Cooper v. Davis
Supreme Court of Connecticut
This was an action of trover, to recover the value of a pair of Burr mill-stones, taken by the defendant. The cause was tried at New-Ilaven, January term, 1843, before Waite, J. The plaintiff claimed title to the property in question, by-virtue of a sale made to him by Walter 6>. Thompson and Charles Cooper. The defendant, who admitted the taking, claimed a right to do so, under the following circumstances.
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This was an action of trover, to recover the value of a pair of Burr mill-stones, taken by the defendant. The cause was tried at New-Ilaven, January term, 1843, before Waite, J. The plaintiff claimed title to the property in question, by-virtue of a sale made to him by Walter 6>. Thompson and Charles Cooper. The defendant, who admitted the taking, claimed a right to do so, under the following circumstances. In October, 1839, he was the owner of an old grist-mill, and having purchased a tract of land for the site of a new grist-mill, he entered into a written contract with Thompson Cooper and…
1Opinion of the CourtWaite, J.
The defendant claimed title to the mill-stones in question, by virtue of a mortgage made to him of certain real estate, upon which was situated a grist-mill. He had obtained against the mortgagors a decree for a foreclosure, and a judgment for the possession, in an action of ejectment. But before the expiration of the time limited for the foreclosure, and before he had taken actual possession, the mortgagors severed the stones from the mill, and sold them to the plaintiff. The defendant, having afterwards found them, took possession of them as his own property.
The question arising upon these…
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