Sell v. Sparks
U.S. Circuit Court for the District of New Jersey
In Equity. On bill to have a bill of sale of personal property declared a mortgage, and for a stay of an action at law.
1Opinion of the Court
KIRKPATRICK, District Judge.
John W. Sell, the complainant herein, as sheriff of the county of Camden, attached certain property alleged to be the property of one Schram, an absconding or nonresident debtor; and notwithstanding the fact that Sparks, the defendant herein, claimed to be the owner and in possession of said goods, the sheriff seized and removed the same as the property of Schram. For his so doing, Sparks has begun an action at law against him for damages; setting up a title to said goods under a bill of sale from Schram, which is absolute on its face. It is alleged in the bill of…
2Cases cited2 opinions
- Philbrook v. EatonMassachusetts Supreme Judicial Court · 1883
- Grant v. FrostSupreme Judicial Court of Maine · 1888
3Cited by1 opinion
- Yamashiro v. CostaHawaii Supreme Court · 1921