Doty v. Hawkins
Superior Court of New Hampshire
This was an action of trover for a cow, two sheep, and a lamb. The cause was tried upon the general issue at may term, 1832. . It appeared that the cow, sheep and lamb, were the property of the plaintiff, in October, 1827, when Daniel Doty, her father, without any authority, sold them to G, and E. Á. Webb, who sent and took them and put them in to the hands of the defendant to keep for them.
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This was an action of trover for a cow, two sheep, and a lamb. The cause was tried upon the general issue at may term, 1832. . It appeared that the cow, sheep and lamb, were the property of the plaintiff, in October, 1827, when Daniel Doty, her father, without any authority, sold them to G, and E. Á. Webb, who sent and took them and put them in to the hands of the defendant to keep for them. While they were in the hands of the defendant the plaintiff demanded them of him ; to which he replied, that he had no doubt that they were the property of the plaintiff, but he could do nothing, the…
1Opinion of the Court
Upham, .1.
delivered the opinion of the court.*
In this case the plaintiff’s title to the property has been settled by the jury. The Webbs’ claim, therefore, by a pretended sale from any other source than the plaintiff, conveys no right. The common maxim that the buyer must beware of his title applies to them, and they, by their purchase, can he no better off than the original wrong doer. The moment the owner comes and demands possession of the property, and it is denied him, it is a conversion. This is true in all cases where there is an unqualified denial, but the ground taken by the…
2Cited by3 opinions
- Manning v. WheelerSuperior Court of New Hampshire · 1843
- Lovejoy v. JonesSuperior Court of New Hampshire · 1855
- Ventris v. ShawSuperior Court of New Hampshire · 1843