Demick v. Chapman
New York Supreme Court
IN ERROR from, the court of common pléas of Otsego county. Chapman brought an action of trespass de bonis aspor - tatis, against Demick, in the court below, who pleaded not guilty.
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IN ERROR from, the court of common pléas of Otsego county. Chapman brought an action of trespass de bonis aspor - tatis, against Demick, in the court below, who pleaded not guilty. At the trial of the cause, the defendant, Demick, offered to prove that the property for which the action was brought belonged to one Ralph Chapman, who had fraudulently conveyed it to the plaintiff, for the purpose of defrauding and defeating the defendant, a creditor of Ralph Chapman, and that the property had been taken by virtue of an attachment issued against the goods, &c„ of Ralph Chapman, in favour of the…
1Per curiam
The possession of the property by the plaintifF was, prima facie, evidence of right; and a" mere stran^er cou^ not lawfully deprive him "of that possession. -The offer, therefore, to prove that the property belonged to Ralph Chapman, could not excuse the taking by the defendant, without showing some authority or right derived from Ralph Chapman, amounting to a justification, and this was not admissible under the general issue. The taking was, prima facie, a trespass; and the excuse, that it was done by virtue of an attachment issued by a justice of the peace, ought to have been pleadedz…
2Cited by13 opinions
- Wheeler v. . LawsonNew York Court of Appeals · 1886
- American Co. v. BradfordCalifornia Supreme Court · 1865
- Ely v. . EhleNew York Court of Appeals · 1850
- Blunt v. . BarrettNew York Court of Appeals · 1891
- Anthony v. GilbertIndiana Supreme Court · 1837
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