Eggleston v. Mundy
Michigan Supreme Court
Error to Jackson Circuit. The action was trover brought by the defendant in error, as plaintiff below, to recover for one hundred and sixteen bushels of wheat, for which he declared. The defendants jointly -pleaded the general issue, and gave notice that the wheat was the property of the defendant, George Watson, and was levied on and sold by the defendant Sutton to the defendant Covert, by virtue of an execution on a judgment of' which defendant Eggleston, was assignee.
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Error to Jackson Circuit. The action was trover brought by the defendant in error, as plaintiff below, to recover for one hundred and sixteen bushels of wheat, for which he declared. The defendants jointly -pleaded the general issue, and gave notice that the wheat was the property of the defendant, George Watson, and was levied on and sold by the defendant Sutton to the defendant Covert, by virtue of an execution on a judgment of' which defendant Eggleston, was assignee. The plaintiff proved title in the property by a chattel mortgage, dated. September 21st, 1852, c^uly filed in the Town…
1Opinion of the Court
By the Court,
Wing, J.
The principal questions presented for our decision by this case, are:
Had the mortgagor any interest in the property sold which was liable to levy and sale on execution ?
*297' Were the proceedings on tbe part of tbe constable and tbe plaintiffs, in tbe execution, such as to protect them from liability to the defendant in error?
The rights of parties to chattel mortgages were much discussed in the case of Tannehill et al. vs. Tuttle, decided at the last term of this Court, and reported in 2 Gibbs M. R., 105. In that case, we recognized the principle that, the general title being…
2Cases cited4 opinions
- Burrall v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- BaileyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Rogers v. Trader's InsuranceNew York Court of Chancery · 1837
- Perkins v. MayfieldSupreme Court of Alabama · 1837
3Cited by6 opinions
- Woods v. Gaar, Scott & Co.Michigan Supreme Court · 1892
- Cary v. HewittMichigan Supreme Court · 1872
- Bacon v. KimmelMichigan Supreme Court · 1866
- Peckinbaugh v. QuillinNebraska Supreme Court · 1882
- Gay v. BidwellMichigan Supreme Court · 1859
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