Peters v. Stewart
Supreme Court of Connecticut
Replevin for a horse, wagon and harness, claimed to be unlawfully detained by the defendant; brought to the District Court in Litchfield County, and tried to the court, upon the general issue, before Foster, J. Upon the trial the plaintiff claimed a special property in the articles in question by reason of their delivery to him as attached property by an officer in the state of Massachusetts, where they were attached, and of the following receipt given by him to the officer:…
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Replevin for a horse, wagon and harness, claimed to be unlawfully detained by the defendant; brought to the District Court in Litchfield County, and tried to the court, upon the general issue, before Foster, J. Upon the trial the plaintiff claimed a special property in the articles in question by reason of their delivery to him as attached property by an officer in the state of Massachusetts, where they were attached, and of the following receipt given by him to the officer: “ Berkshire ss., January 3,1874. “Whereas Vm. W. Langdon, Deputy Sheriff, has this day at my request delivered into my…
1Opinion of the CourtPark, C. J.
It does not appear that Daniel S. Adams was a bond fide purchaser of the property in question, and lie' must therefore be regarded as having no greater rights than the defendant Stewart possessed at the time the property was disposed of to him. If he acquired greater rights than, Stewart could grant, the burden was upon him to show it. He failed to do this, and the case must therefore be determined by a consideration of the rights existing between the plaintiff and the defendant of record.
It appears in the case that the property in question was attached in the state of Massachusetts in a suit…
2Cases cited2 opinions
- Waterman v. RobinsonMassachusetts Supreme Judicial Court · 1809
- Bond v. PadelfordMassachusetts Supreme Judicial Court · 1816
3Cited by3 opinions
- Robinson v. BesarickMassachusetts Supreme Judicial Court · 1892
- Belknap Savings Bank v. RobinsonSupreme Court of Connecticut · 1895
- In re SchowDistrict Court, D. Connecticut · 1914