Mills v. Camp
Supreme Court of Connecticut
This was an action of trespass for taking and carrying away a quantity of iron ore, amounting to 500 tons and upwards. The cause was tried at Litchfield, August term 1840, before Waite, J. The plaintiff, who was a deputy sheriff, claimed title to the ore in question, by virtue of the service by him, as such officer, of several writs of attachments against the Ousatonic Iron Company, in behalf of the creditors of that company, on the morning of the 17th day of October, 1838.…
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This was an action of trespass for taking and carrying away a quantity of iron ore, amounting to 500 tons and upwards. The cause was tried at Litchfield, August term 1840, before Waite, J. The plaintiff, who was a deputy sheriff, claimed title to the ore in question, by virtue of the service by him, as such officer, of several writs of attachments against the Ousatonic Iron Company, in behalf of the creditors of that company, on the morning of the 17th day of October, 1838. The debts on which these writs were issued, were justly due ; and judgments were afterwards obtained in the suits, and…
1Opinion of the CourtSherman, J.
It is admitted in this case, that the debts, for which the attachments were levied, were justly due to the respective creditors ; and the principal objection made to the plaintiff’s right to recover, is grounded on the fact, that the property was n^ removed, by the plaintiff, but left, where it was taken, on land in the possession of the debtors.
That a transfer of possession and actual removal of person-^ al property is necessary in order to render a sale or attachment valid as against creditors, is well established, in this state^ as a general rule of la\V. Its object is, to prevent fraud.';…
2Cases cited4 opinions
- Lyon v. LymanSupreme Court of Connecticut · 1831
- Taintor v. WilliamsSupreme Court of Connecticut · 1828
- Patten v. SmithSupreme Court of Connecticut · 1824
- Hollister v. GoodaleSupreme Court of Connecticut · 1831
3Cited by19 opinions
- Norton v. DoolittleSupreme Court of Connecticut · 1865
- Colt v. IvesSupreme Court of Connecticut · 1862
- Hutchins v. GilchristSupreme Court of Vermont · 1850
- Crisman v. DorseySupreme Court of Colorado · 1889
- Bicknell v. TrickeySupreme Judicial Court of Maine · 1852
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