Rhoads v. Woods
New York Supreme Court
THIS was an action of replevin, (tried before a referee,) to obtain possession of the brig Gilmore Meredith, which, at the time of the commencement of this action, May 28, 1860, was in the possession of the defendant at Brooklyn, in the harbor of Hew York, and was given up to the plaintiffs by the proceedings in this action.
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THIS was an action of replevin, (tried before a referee,) to obtain possession of the brig Gilmore Meredith, which, at the time of the commencement of this action, May 28, 1860, was in the possession of the defendant at Brooklyn, in the harbor of Hew York, and was given up to the plaintiffs by the proceedings in this action. The defendant was a deputy sheriff of Hancock county, in the state of Maine, at Buck’s Harbor, in which county the brig was built, in the year 1858. It was admitted on the trial that on the 12th of October, 1858, the plaintiffs and one Albert Gray were the owners of the…
1Opinion of the Court
By the Court, Leonard, J.
1. The referee has found that the defendant was in possession of the vessel by virtue of the *474attachments in his hands as deputy sheriff, at the time she was taken out of the jurisdiction of the state of Maine, on the 13th of November, 1858. The evidence fully supports the facts so found. The sheriff acquired a lien by virtue of the levy under the attachments, and that constituted a qualified or special title. He was thereby authorized to take and hold possession until the demands were paid for which the attachments were issued, or until judgment and a sale of the…
2Cases cited2 opinions
- Holmes v. RemsenNew York Supreme Court · 1822
- De Witt v. MorrisNew York Supreme Court · 1835
3Cited by4 opinions
- Phillips v. EggertWisconsin Supreme Court · 1911
- Thorn v. Whitbeck, New York County Courts1895
- Smith v. KeyesNew York Supreme Court · 1874
- Thorn v. WhitbeckNew York County Court, Greene County · 1895