Miller v. Adsit
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. Miller brought an action of replevin against Adsit in the Rensselaer common pleas in September, 1828, and declared for the taking and detention of two horses.
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Error from the supreme court. Miller brought an action of replevin against Adsit in the Rensselaer common pleas in September, 1828, and declared for the taking and detention of two horses. The defendant pleaded, 1. Noncepit; 2. That the property in the horses was in one Jacob Coon, traversing the property to be in the plaintiff; and 3. That the property in the horses was in Jacob Coon, and that they were levied upon, on the 2d June, 1828, by the defendant as a constable by virtue of an execution issued on a justice’s judgment rendered on the 16th May, 1828, in favor of one E. R. Ball against…
1Opinion of the Court
The following opinions were delivered:
By the Chancellor.
In this case, the plaintiff brought an action of replevin for a span of horses which belonged to Jacob Coon, and which were taken by the defendant from the actual possession of Coon on an execution against him. The general question, whether the receiptor of goods, taken in execution, has such a special property in the goods as will enable him to maintain an action of replevin, or any other action in his own name, against a mere wrong doer, who takes the goods out of his actual possession, was the one principally discussed upon the…
2Cases cited13 opinions
- Butts v. CollinsCourt for the Trial of Impeachments and Correction of Errors · 1834
- Ladd v. NorthMassachusetts Supreme Judicial Court · 1807
- Commonwealth v. MorseMassachusetts Supreme Judicial Court · 1817
- Ludden v. LeavitiMassachusetts Supreme Judicial Court · 1812
- Dunham v. WyckoffNew York Supreme Court · 1829
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3Cited by8 opinions
- Burk v. WebbMichigan Supreme Court · 1875
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- Commercial Bank of Pennsylvania v. Union BankNew York Supreme Court · 1853
- Robinson v. BesarickMassachusetts Supreme Judicial Court · 1892
- Terwilliger v. WheelerNew York Supreme Court · 1862
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