Clark v. Tarbell
Supreme Court of New Hampshire
From Hillsborough Circuit Court. Assumpsit, on a sheriff’s receipt, by Moses Clark against Joel H. Tarbell and John H. Tripp.
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From Hillsborough Circuit Court. Assumpsit, on a sheriff’s receipt, by Moses Clark against Joel H. Tarbell and John H. Tripp. Plea, the general issue, with a brief statement, setting out, among other grounds of defence, that the property at the time it wras attached by the plaintiff was subject to a mortgage to one Levi Keese, and to another mortgage to Levi Keese, one Abel E. Conant, and the defendant, Tripp; and that the defendants, after receipting for the property, restored it to the mortgagees with the consent of Jacob D. Putnam, the mortgagor and defendant in the original suits. The…
1Opinion of the Court
FROM HILLSBOROUGH CIRCUIT COURT. Certain evidence was offered by the defendants and excluded by the court. But the facts offered must, for the purposes of this case, be considered as proved.
The fact, that the chattels attached were found in the possession of the mortgagees at the time of the attachment, was of itself sufficient notice to the attaching creditors that should have put them upon inquiry to ascertain whether they held it by some title inconsistent with an unincumbered title in the mortgagor. Possession of chattels is presumptive evidence of ownership.
The mortgages to the…
2Cases cited3 opinions
- Gooding v. RileySupreme Court of New Hampshire · 1870
- Janvrin v. FoggSupreme Court of New Hampshire · 1870
- Judge of Probate v. MerrillSuperior Court of New Hampshire · 1833
3Cited by4 opinions
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Piper v. HilliardSupreme Court of New Hampshire · 1877
- Adams v. RiceSupreme Court of New Hampshire · 1889
- Sumner v. DaltonSupreme Court of New Hampshire · 1878