Allen v. Delano
Supreme Judicial Court of Maine
On Exceptions. Replevin for a colt. Writ dated October 2, 1865. Plea, general issue, with a brief statement denying title of the plaintiff and claiming property in the defendant.
Read the full summary
On Exceptions. Replevin for a colt. Writ dated October 2, 1865. Plea, general issue, with a brief statement denying title of the plaintiff and claiming property in the defendant. The plaintiff introduced a writing signed by the defendant and duly stamped, of which the following is a copy:— " Maysville, Sept. 19, 1864. "For value received, I promise to pay John Allen or order, one hundred and sixty dollars and interest, one-third in one year, one-third in two years, and one-third in three years. The above note is given for a mare called the Smith mare, red color with white star in forehead,…
1Opinion of the CourtAppleton, C. J.
The nonsuit must be set aside and the case stand for trial.
The plaintiff’s title to the mare is not questioned. By *114the terms of the contract no title vested in the conditional vendee.
The plaintiff, owning the mare, owned likewise the colt. " Of all tame and domestic animals, the brood belongs to the owner of the dam or mother; the English law agreeing with the civil, that 'partus sequiiur ventrem,’ in the brute creation, though, for the most part, in the human species it disallows that maxim.” 2 Black. Com., 390. And so are all the authorities. Putting a mare to pasture in consideration of…
2Cases cited2 opinions
- Forman v. ProctorCourt of Appeals of Kentucky · 1848
- Orser v. StormsNew York Supreme Court · 1826
3Cited by1 opinion
- Maxwell v. TuftsNew Mexico Supreme Court · 1896