Talman v. Smith
New York Supreme Court
ACTION to recover the possession of personal property. Defense that it was the property of James' W. Sawyer, and that it was taken by the defendant, as sheriff of Monroe county, under an execution issued upon a judgment recovered in this court against him.
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ACTION to recover the possession of personal property. Defense that it was the property of James' W. Sawyer, and that it was taken by the defendant, as sheriff of Monroe county, under an execution issued upon a judgment recovered in this court against him. On the 1st October, 1849) James W. Sawyer conveyed to one McIntosh certain real estate^ consisting of a block of stores on the corner of Mumford and State streets, the house and lot where he and his family resided, corner of Ann and Sophia streets, and a house and lot on Sophia street, in the city of Rochester. McIntosh, on the same day,…
1Opinion of the Court
By the Court,
Welles, J.
The justice at the circuit instructed the jury that as possession of the property in question was not changed at the time the mortgage was given by J ames W. Sawyer to S. M. Spencer & Co., the burthen was on the *393plaintiff of showing that the mortgage was made in good faith and without any intent to defraud creditors ; because Mrs. Sawyer purchased the property of the Spencers while the same was in the possession of Mr. Sawyer, and therefore she and the plaintiff, in reference to the property, stood in the same position as S. M. Spencer & Co. would, if they were…
2Cases cited1 opinion
- Lydia Allen v. . CowanNew York Court of Appeals · 1861
3Cited by4 opinions
- Coe v. . CassidyNew York Court of Appeals · 1878
- Stoddard v. DenisonThe Superior Court of New York City · 1869
- Faeth v. LearyNebraska Supreme Court · 1888
- Halstead v. SwartzNew York Supreme Court · 1873