Holmes v. Hall
Michigan Supreme Court
Error to Shiawassee Circuit} to which the cause had been transferred by stipulation from Ionia. The action was trespass, for the taking by defendants in error of certain personal property which plaintiff claimed to have taken, and to be. entitled to hold, as sheriff of Ionia county, by virtue of several writs of attachment to him directed and delivered, against the goods, &c., of Hiram T. Barstow, and Henry A. Nash,-tested in April and May 185Í. The defendants justified…
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Error to Shiawassee Circuit} to which the cause had been transferred by stipulation from Ionia. The action was trespass, for the taking by defendants in error of certain personal property which plaintiff claimed to have taken, and to be. entitled to hold, as sheriff of Ionia county, by virtue of several writs of attachment to him directed and delivered, against the goods, &c., of Hiram T. Barstow, and Henry A. Nash,-tested in April and May 185Í. The defendants justified taking the goods under an instrument of which the following is a copy, and which was signed by Barstow and Nash. “Whereas,…
1Opinion of the Court
Campbell J.:
The whole of this case depends upon the nature of the instrument, executed by Barstow & Nash, to Hall & Page, which was held by the court below to be a valid chattel mortgage.
The instrument bears a close resemblance to the one considered by the Supreme Court of the United States, in the case of Hunt v. Rousmanier, 8 Wheat. 174,'*'and again in Hunt v. Rousmanier’s Adm. 1 Peters, 1. It was decided in the latter case, that even in equity, an instrument must stand as written, if deliberately adopted by the parties, although they mistook its legal intent; the mistake being one of law…
2Cases cited2 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Hunt v. RhodesSupreme Court of the United States · 1828
3Cited by17 opinions
- Crane v. SmithMichigan Supreme Court · 1928
- Marquam v. SengfelderOregon Supreme Court · 1893
- Schmalzriedt v. TitsworthMichigan Supreme Court · 1943
- Stone v. StoneMichigan Supreme Court · 1947
- Lamson v. Horton-Holden Hotel Co.Supreme Court of Iowa · 1921
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