Legal Opinion

Shumway v. Rutter

Massachusetts Supreme Judicial Court

Decided October 5, 1829PublishedCited by 1 opinion

Trover for divers articles of household furniture attached by the defendant, a deputy sheriff, as the property of Jacob Shumway. The articles formerly belonged to Jacob Shumway, and were in a house in Shrewsbury, owned by one Eager and occupied by Jacob S. The property having been attached by Eager, the plaintiffs, in order to aid Jacob S., satisfied the debt due to Eager, and purchased the furniture, at an appraisement, taking a bill of parcels of it for their indemnity.

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Trover for divers articles of household furniture attached by the defendant, a deputy sheriff, as the property of Jacob Shumway. The articles formerly belonged to Jacob Shumway, and were in a house in Shrewsbury, owned by one Eager and occupied by Jacob S. The property having been attached by Eager, the plaintiffs, in order to aid Jacob S., satisfied the debt due to Eager, and purchased the furniture, at an appraisement, taking a bill of parcels of it for their indemnity. The sale was bond fide and for a full consideration. At the same time a lease of the house was executed by Eager to the…

1Opinion of the Court

Parker. C. J.

delivered the opinion of the Court. We think that the case reported furnishes competent evidence of a delivery, and sufficient to support the verdict on that point. The transfer being bona fide and for a valuable consideration, slight evidence of a delivery would be sufficient; as is proved by the principle adopted of a symbolical delivery ; and whether there is a formal delivery or not, if the vendee obtains possession by consent of the vendor, before any attachment or «econd sale, the transfer is complete.

In this case, the vendees took a lease of the house in which the…

2Cited by1 opinion

  1. Robinson v. YoungbloodIndiana Supreme Court · 1913

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