Davis v. Roby
Supreme Judicial Court of Maine
On exceptions. Trespass de bonis, for taking three cows. The plaintiff claimed title to the property by virtue of a bill of sale signed by one Frances A. Sawyer, wife of Charles E. Sawyer, which bill of sale was executed at the plaintiff’s house in Lisbon, April 11,1871, and a delivery of the property to the plaintiff by Mrs. Sawyer, about two or three weeks afterwards, on the Getchell place in Webster, where Mr. and Mrs. Sawyer then lived.
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On exceptions. Trespass de bonis, for taking three cows. The plaintiff claimed title to the property by virtue of a bill of sale signed by one Frances A. Sawyer, wife of Charles E. Sawyer, which bill of sale was executed at the plaintiff’s house in Lisbon, April 11,1871, and a delivery of the property to the plaintiff by Mrs. Sawyer, about two or three weeks afterwards, on the Getchell place in Webster, where Mr. and Mrs. Sawyer then lived. The defendant claimed title to the property by virtue of two bills of sale given to him by Mr. Sawyer. The first bill of sale was dated September 30,…
1Opinion of the CourtAppleton, C. J.
This was an action of trespass for three cows, the title to which was originally in Mrs. Sawyer, from whom the plaintiff derives his title. The defendant derives title from her (Mrs. Sawyer’s) husband by a bill of sale prior in date and in delivery to that upon which the plaintiff relies.
Mr. and Mrs. Sawyer were both witnesses and testified that the bill of sale to the defendant was without the knowledge or assent of the latter. Mr. Sawyer upon cross-examination testified that the money which he received from the defendant was for a special purpose of Ms own, and that none was paid the…
2Cases cited1 opinion
- Swett v. ShumwayMassachusetts Supreme Judicial Court · 1869
3Cited by4 opinions
- Georgia Railroad & Banking Co. v. LybrendSupreme Court of Georgia · 1896
- Lewis v. SteigerCalifornia Supreme Court · 1885
- Hunt v. JonesSupreme Court of Oklahoma · 1924
- Georgia Railroad & Banking Co. v. LybrendSupreme Court of Georgia · 1896