Clayes & Morse v. Ferris & Higbee

The facts in the case sufficiently appear from the opinion of the court, which was delivered by

Royce, J.

The plaintiffs appear to have rested their case, ■ in the outset, upon mere proof of possession of the property sued for, and a taking by the defendants. The defendants proved that they took the horses upon writs of execution against Elwood Irish, the former owner; and with a view to impeach the plaintiffs’ title, as against the creditors of Irish, introduced evidence tending to affect the plaintiffs’ purchase from Irish with a defective and fraudulent trust, though for the professed…