Randall v. Cook
New York Supreme Court
This was an action of replevin, tried at the Onondaga circuit in March, 1835, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiff declared for the taking of two horses.
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This was an action of replevin, tried at the Onondaga circuit in March, 1835, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiff declared for the taking of two horses. The defendant justified the taking as a deputy sheriff under an execution against one Burdick, in whose possession the property was at the time of the levy, viz., on the 27th May, 1833. The plaintiff replied, that on the 27th December, 1833, Burdick executed to him a mortgage of personal chattels, including the horses in question, to be void on the payment of $100 in six months after the date of the…
1Opinion of the Court
By the Court,
Bronson, J.
The mortgage was fraudulent and void as
against the creditors of Burdick; and the defendant by virtue of the execution had a better title to the property than the plaintiff. To say nothing of other facts disclosed in the case, Burdick continued to possess and use the property as his own. He says the reason why he kept the property was, that he wished to use it. This is like the reason assigned in Gardner v. Adams (12 Wendell, 297,) where the mortgagor retained possession of the goods for his accommodation. Such reasons may be given in every case [56] where a man wishes…
2Cases cited4 opinions
- Gardner v. AdamsNew York Supreme Court · 1834
- Wheeler v. M'FarlandNew York Supreme Court · 1833
- Doane v. EddyNew York Supreme Court · 1837
- Collins v. BrushNew York Supreme Court · 1832
3Cited by5 opinions
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- Stewart v. SlaterThe Superior Court of New York City · 1856
- Hinman v. JudsonNew York Supreme Court · 1852
- Hempstead v. JohnstonSupreme Court of Arkansas · 1856
- Spies v. BoydNew York Court of Common Pleas · 1852