Clary v. Frayer
Court of Appeals of Maryland
Appeal from Frederick county court. This was an action of replevin for a black horse called “Figure,” commenced on the 10th January, 1834, by the appellants against the appellee. Issues were joined on the pleas of nop cepit — property in the defendant, and not in the plaintiffs.
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Appeal from Frederick county court. This was an action of replevin for a black horse called “Figure,” commenced on the 10th January, 1834, by the appellants against the appellee. Issues were joined on the pleas of nop cepit — property in the defendant, and not in the plaintiffs. At the trial the plaintiffs proved that the horse was raised by their father, John E. Clary, and then proved a bill of sale, dated 23d January, 1833, from him, duly executed, acknowledged, and recorded, for various articles of personal property including the horse replevied, to a certain William, H. Poole, on which…
1Opinion of the CourtStepheN, Judge
The question involved in this case has been argued with considerable ingenuity, by the counsel for the respective parties, and has received the attentive consideration of the court; and upon the most careful examination of the authorities which we have been able to make, we have come to the conclusion, that there is error in the opinion delivered by the court below, and that the same ought to be reversed.
The bill of sale from John E. Clary to Poole, being executed, acknowledged and recorded, according to law, was valid, and effectual to pass the legal title to him, notwithstanding the actual…
2Cited by3 opinions
- Hall v. RichardsonCourt of Appeals of Maryland · 1860
- Merrick v. BradleyCourt of Appeals of Maryland · 1862
- Roberts v. DudleyBaltimore City Superior Court · 1923