McKee v. Garcelon
Supreme Judicial Court of Maine
On exceptions. Replevin for two cows and one calf which the defendant, as deputy-sheriff, had attached on a writ in favor of one Davis v. Simeon Nichols f John McKee, the latter being the husband of the plaintiff in this action.
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On exceptions. Replevin for two cows and one calf which the defendant, as deputy-sheriff, had attached on a writ in favor of one Davis v. Simeon Nichols f John McKee, the latter being the husband of the plaintiff in this action. The case showed that the cattle replevied, with others, were purchased by the plaintiff’s husband with money which the plaintiff lent him for that purpose from her own earnings before her marriage, which took place in 1864. That the plaintiff resided with her husband on the farm where all the cattle were kept and used. That some three months prior to the attachment,…
1Opinion of the CourtDickerson, J.
The rule of law is well established that in order to pass the title to personal property by a sale, as against subsequently attaching creditors of the vendor without notice, there must be a delivery, actual, constructive, or symbolical. Cobb v. Haskell, 14 Met. 303; Burge v. Cone, 6 Allen, 413.
What amounts to proof of delivery has been much discussed by courts and jurists, and where so much depends upon the nature of the subject-matter of the sale, its situation and condition, the usual *167course of trade, and all the other attendant circumstances, together with the subsequent acts of the…
2Cases cited2 opinions
- Allentown RoadSupreme Court of Pennsylvania · 1840
- Travers v. RamsayU.S. Circuit Court for the District of District of Columbia · 1828
3Cited by5 opinions
- Murphy v. MulgrewCalifornia Supreme Court · 1894
- Poole v. GriffithSupreme Court of Alabama · 1927
- Morrison v. OiumNorth Dakota Supreme Court · 1892
- Asbill v. StandleyCalifornia Supreme Court · 1892
- Chavez v. HaynieSupreme Court of Colorado · 1924