Secrist v. German Insurance
Ohio Supreme Court
Error to tbe court of common pleas of Hamilton county. Reserved in tbe district court. On tbe 25th day of July, 1864, Secrist brought an action of replevin, in tbe court of common pleas of Hamilton county, against 'William Long, sheriff of tbe county, to recover tbe possession of tbe steamboat “ Ladonia,” which bad been attached as tbe property of one Samuel Gamage, at tbe suit of tbe German Insurance Company.
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Error to tbe court of common pleas of Hamilton county. Reserved in tbe district court. On tbe 25th day of July, 1864, Secrist brought an action of replevin, in tbe court of common pleas of Hamilton county, against 'William Long, sheriff of tbe county, to recover tbe possession of tbe steamboat “ Ladonia,” which bad been attached as tbe property of one Samuel Gamage, at tbe suit of tbe German Insurance Company. Tbe company, being tbe party having tbe real interest, was admitted to defend in tbe place of tbe sheriff. Tbe cause was tried to tbe court, and at tbe request of tbe plaintiff there…
1Opinion of the CourtHay, J.
The action was brought to recover the possession of a steamboat. Both parties claim under Samuel Gamage. The plaintiff purchased the boat, July 7, 1864, for a sum which was to be applied on a debt due to him from Gamage. He took a bill of sale of the boat, but did not procure it to be recorded in the office of the collector of customs, where the boat was registered, until the 29th day of that month. In the mean time — on the 20th day of the same month — • the defendant attached the boat as the property of Gamage, to satisfy a debt of the defendant against him, which was then in suit.
It is not…
2Cases cited1 opinion
- Parker Mills v. JacotThe Superior Court of New York City · 1861