Houston v. Blake
Supreme Court of New Hampshire
This is an action of trespass for one gig wagon and one single sleigh, and on trial upon the general issue it appeared that the property had been attached by the plaintiff, a deputy sheriff, on mesne process, in a suit Jacob M. Cook against this defendant, and receipted for by one Thomas Shute ; that an execution on the judgment in that suit for Cook, was committed to the plaintiff, who levied the same upon this and other property, attached at the same time, and advertised…
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This is an action of trespass for one gig wagon and one single sleigh, and on trial upon the general issue it appeared that the property had been attached by the plaintiff, a deputy sheriff, on mesne process, in a suit Jacob M. Cook against this defendant, and receipted for by one Thomas Shute ; that an execution on the judgment in that suit for Cook, was committed to the plaintiff, who levied the same upon this and other property, attached at the same time, and advertised it for sale December 80, 1858, at Shute’s house, and the property was at the time and place of sale delivered by Shute to…
1Opinion of the CourtBellows, J.
As between tbe sheriff' and the defendant, the special property acquired by the seizure of the goods still subsisted, and although the sheriff did not remain with them, nor place them in the custody of another, yet as to the debtor he is to be deemed to have retained the possession of them. They were taken out of the defendant’s possession, delivered by the receiptor in front of his house to the plaintiff, that being the place of sale, and the sale thereupon publicly adjourned, in the presence and hearing of the defendant, to a future day; and the defendant knew of the delivery to the…
2Cases cited4 opinions
- Baldwin v. JacksonMassachusetts Supreme Judicial Court · 1815
- Fowle v. RobbinsMassachusetts Supreme Judicial Court · 1815
- Fletcher v. ColeSupreme Court of Vermont · 1852
- Marshall v. TownSupreme Court of Vermont · 1855