Robertson v. Wilcox
Supreme Court of Connecticut
Replevin for certain household furniture taken by the defendant out of the possession of the plaintiff and claimed to be unlawfully detained by him; brought to the Superior Court in Tolland county, and tried before Minor, J. The defendant pleaded the general issue, with notice that he should prove that the property belonged to him as trustee of his wife.
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Replevin for certain household furniture taken by the defendant out of the possession of the plaintiff and claimed to be unlawfully detained by him; brought to the Superior Court in Tolland county, and tried before Minor, J. The defendant pleaded the general issue, with notice that he should prove that the property belonged to him as trustee of his wife. On the trial to the jury the plaintiff claimed that the property in question was on the 25th of April, 1867, turned out and pledged to him by Mary A. Wilcox, the wife of the defendant, the defendant himself being present and consenting…
1Opinion of the CourtPark, J.
The articles in question belonged to the defendant’s wife, and she, with her husband’s consent, delivered them to the plaintiff as collateral security for an engagement entered into by him for their benefit; and the question is, had the plaintiff the right to retain the possession of the property, as against the defendant, when the articles were forcibly removed out of his possession.
The twenty-first section of the act with regard to the domestic relations, (Gen. Statutes, page 304,) provides that no sale or transfer by a husband, of the personal property of Iris wife, or of his interest…
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