Legal Opinion

Turner v. Bachelder

Supreme Judicial Court of Maine

Decided June 15, 1840PublishedCited by 3 opinions

Replevin for a quantity of hay taken by Bachelder, as a deputy sheriff, on a process in favor of A. W. Ladd, against Lemuel Turner, as the property of the latter. The facts were agreed for the decision of the Court thereon.

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Replevin for a quantity of hay taken by Bachelder, as a deputy sheriff, on a process in favor of A. W. Ladd, against Lemuel Turner, as the property of the latter. The facts were agreed for the decision of the Court thereon. Lemuel Turner had been in possession of the farm whereon the hay was cut for ten years next before the making of the lease of the premises from the plaintiff to him, dated April 1, 1836. The statement of facts shows,that the plaintiff had a bond for a deed of the premises from one’ Fogg and a parol license from him to occupy the premises' at the’ time the lease was made,…

1Opinion of the Court

The opinion of the Court was drawn up by

Emery J.

The plaintiff holding certain real estate in Home, by a parol agreement with Dudley Fogg, and having a bond for a deed of it, by indenture on the 1st of April, 1836, leased it as his farm with all the privileges and appurtenances thereto belonging, to his father, Lemuel Turner, for five years.

The facts disclosed, shew' a praiseworthy conduct in the son, if it were intended as a mark of filial respect.

But whatever might be the motives which induced the arrangement, as an attachment has been made of the hay on mesne process, and seized on…

2Cases cited1 opinion

  1. Codman v. JenkinsMassachusetts Supreme Judicial Court · 1817

3Cited by3 opinions

  1. Colville v. . MilesNew York Court of Appeals · 1891
  2. Munier v. ZacharySupreme Court of Iowa · 1908
  3. Brown v. JonesOregon Supreme Court · 1929

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