Vandyke v. Bastedo
Supreme Court of New Jersey
This was an action on the case in trover, brought by Bastedo, the defendant in error, against Vandyke, to recover damages for the conversion of a pair of mules and a yoke of oxen, sold by Vandyke. The defence set up by the defendant was that he sold the property in question, as the property of John Thompson, by virtue of sundry executions in his hands as Constable of Middlesex, against Thompson.
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This was an action on the case in trover, brought by Bastedo, the defendant in error, against Vandyke, to recover damages for the conversion of a pair of mules and a yoke of oxen, sold by Vandyke. The defence set up by the defendant was that he sold the property in question, as the property of John Thompson, by virtue of sundry executions in his hands as Constable of Middlesex, against Thompson. The following bill of exceptions was allowed by the court, on the'trial, and sealed. This cause coming on to be heard before the Judges of the Inferior Court of Common Pleas, holden at New Brunswick,…
1Opinion of the CourtHornblower, C. J.
This was an action of trover. The plaintiff below, who is the defendant in this court, claimed title to the property in question, under a purchase at a Constable’s sale. Van Dyke-the defendant below, had subsequently seized and sold the property, under an execution directed to him as one of the Constables of the county of Middlesex. In support of his title, the plaintiff offered in evidence, the executions under which he purchased, together with the transcripts of the judgments upon which they had been issued.
To the admission of these documents, several objections were made by the defendant…
2Cases cited1 opinion
- Hodgson v. MillwardSupreme Court of Pennsylvania · 1863