Wilson v. Rucker
Court of Appeals of Virginia
Rucker brought trover against Wilson, for a military certificate issued to the plaintiff for the balance of his pay and subsistence to the 6th day of February, 1781, as a Captain of the State infantry.
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Rucker brought trover against Wilson, for a military certificate issued to the plaintiff for the balance of his pay and subsistence to the 6th day of February, 1781, as a Captain of the State infantry. The cause was tried before the District Court of Dumfries; when the plaintiff obtained a verdict and judgment: Wilson afterwards obtained an injunction to that judgment from the High Court of Chancery, on the ground of the jury having found a general verdict, without argument, when the counsel on both sides, (because the question was new, difficult and of extensive importance,) had agreed to…
1Opinion of the Court
ROANE,, Judge.
The principal question in these causes is, whether the property of the certificate in question passed to the present appellant, by the bona fide sale, found by the verdict to have been made by a vendor, having himself no title?
It is certainly a general rule, that the title to personal goods will not pass without the assent of the owner; but this rule has admitted of certain exceptions, for the benefit of commerce, and on the principle of permitting a.particular injury, rather than a general inconvenience.
In the case of Miller v. Race, 1 Burr. 452, it was decided, that trover…
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