Ballard v. Winter
Supreme Court of Connecticut
Trover for three head of cattle; brought to the Superior Court for Tolland county, and tried on the general issue closed to the jury, before Loomis, J. The plaintiff claimed to have proved that on the 22d of March, 1869, the plaintiff and one John L. Shaw both resided in the town of Wilbraham, in the state of Massachusetts, on which day Shaw had in his possession at Wilbraham, and was the owner of, the cattle described in the declaration; that Shaw on that day at Wilbraham…
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Trover for three head of cattle; brought to the Superior Court for Tolland county, and tried on the general issue closed to the jury, before Loomis, J. The plaintiff claimed to have proved that on the 22d of March, 1869, the plaintiff and one John L. Shaw both resided in the town of Wilbraham, in the state of Massachusetts, on which day Shaw had in his possession at Wilbraham, and was the owner of, the cattle described in the declaration; that Shaw on that day at Wilbraham mortgaged the cattle, by a good and valid mortgage deed, to tbe plaintiff, to secure the payment of a note described in…
1Opinion of the CourtSeymoter, J.
This is an action of trover for the alleged conversion of certain cattle. The plaintiff claims title under a mortgage deed from -one Shaw. The defendant denies the validity of the mortgage, and claims title as attaching creditor of Shaw. The question for consideration distinctly appears in the judge’s charge, which was as follows:
“ If the jury should find that the mortgage was duly made, executed and recorded on the records of the town of Wilbra-ham, according to the laws of Massachusetts, and that the mortgagor and mortgagee were at the time residents of said Wilbraham, and the cattle were…
2Cases cited1 opinion
- Koster v. MerrittSupreme Court of Connecticut · 1864
3Cited by6 opinions
- Mercantile Acceptance Co. v. FrankCalifornia Supreme Court · 1928
- Walp v. MooarSupreme Court of Connecticut · 1904
- Keenan v. StimsonSupreme Court of Minnesota · 1884
- Alferitz v. IngallsU.S. Circuit Court for the District of Nevada · 1897
- Wilson v. RustadNorth Dakota Supreme Court · 1898
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