Glann v. Younglove
New York Supreme Court
THIS action was commenced October 13th, 1856, to recover the possession of a certain bay horsé which the complaint alleged belonged to the plaintiff, and which the defendant wrongfully detained in his possession.
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THIS action was commenced October 13th, 1856, to recover the possession of a certain bay horsé which the complaint alleged belonged to the plaintiff, and which the defendant wrongfully detained in his possession. The defendant in his answer denied each and every allegation of the complaint * and for a second defense set up a judgment in the supreme court in favor of one Yeley, against John W. Lockwood, for §774.10, entered and docketed in the office of the clerk of the county of Steuben, August 26, 1856,and an execution issued thereon to the sheriff'of the same county, by virtue of which the…
1Opinion of the Court
By the Court, Welles, J.
We think the ruling of the justice before whom the action was tried was correct, that the jrarchase of the horse by the wife of John W. Lockwood on her personal credit, vested the title of the property in the husband, and that it was therefore fiable to be taken on execution against him for his debt. Upon the purchase by her, the horse went into the possession of her husband, and was used by him in his ordinary business, down to the time of the levy and sale under the execution against her husband, and until it was purchased at the sheriff’s sale by the defendant, a…
2Cases cited1 opinion
- Lovett v. Robinson & WitbeckNew York Supreme Court · 1851
3Cited by10 opinions
- Hall v. JennessSupreme Court of Kansas · 1870
- Yates v. LawSupreme Court of Virginia · 1889
- Shackleford v. CollierCourt of Appeals of Kentucky · 1869
- Johnson v. FraserIdaho Supreme Court · 1888
- Jenkins v. FlinnIndiana Supreme Court · 1871
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