Webster v. Peck
Supreme Court of Connecticut
Trover, for a horse, wagon and harness; tried to the jury in the superior court on the general issue, with notice, before Seymour, T. On the trial it was proved that the horse in dispute, until the sale of it to the plaintiff, had for several years been owned by Guy Webster, the plaintiff’s brother.
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Trover, for a horse, wagon and harness; tried to the jury in the superior court on the general issue, with notice, before Seymour, T. On the trial it was proved that the horse in dispute, until the sale of it to the plaintiff, had for several years been owned by Guy Webster, the plaintiff’s brother. The plaintiff purchased it of him on the 29th of September, 1861. The sale was made in Woodbury, and the horse was thereupon delivered to the plaintiff, who took it to his home in Northfield, and retained the possession of it about one week. At the expiration of that time the plaintiff let the…
1Opinion of the CourtButler, J.
It is conceded that personal property can not be taken and appropriated by a creditor in payment of his debt by levy and sale on execution, unless at every step the course prescribed by law is strictly pursued ; and it is therefore apparent that if the court below was right in its construction of the act of 1861, the defendant became a wrong doer by selling at the end of twenty-one instead of seven days, and the plaintiff must retain his judgment, whatever we may think of the other point of the defense.
The act of 1861 directs imperatively that certain kinds of property shall be sold at the…
2Cited by12 opinions
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