Russell v. Gray
New York Supreme Court
This was an action of trespass for taking and carrying away a span of horses, sleigh and harness. It was tried at the Greene circuit in June, 1850, before Mr. Justice Wright. The property in question, with other property, was taken by the sheriff of Greene in January, 1847, by virtue of a writ of replevin issued by the plaintiff in this suit against the defendant Gray and two others.
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This was an action of trespass for taking and carrying away a span of horses, sleigh and harness. It was tried at the Greene circuit in June, 1850, before Mr. Justice Wright. The property in question, with other property, was taken by the sheriff of Greene in January, 1847, by virtue of a writ of replevin issued by the plaintiff in this suit against the defendant Gray and two others. A claim of property, interposed by the defendants in the replevin suit, was tried on the first day of February, and decided by the jury in favor of the claimants. A bond of indemnity, bearing date the same day,…
1Opinion of the Court
By the Court,
Harris, J.
It was assumed upon the trial, by the counsel for both parties, that upon the trial of the replevin suit, the title to the property in question had been found to be in the defendants in that suit, and that they had recovered judgment therefor. If, as it was alledged and not denied upon the trial, the defendants, upon the trial of the replevin suit, recovered judgment for the value of the property, and have collected that judgment, such judgment and satisfaction, by operation of law, transferred the title to the property to the plaintiff. It is upon the principle that…
2Cases cited2 opinions
- Baker v. M'DuffieNew York Supreme Court · 1840
- Spencer v. M'GowenNew York Supreme Court · 1835
3Cited by3 opinions
- Goodrow v. BuckleyMichigan Supreme Court · 1888
- Nowell v. GilbertNew York Supreme Court · 1888
- Bechstein v. SammisNew York Supreme Court · 1877