Kirkley v. Lacey
Superior Court of Delaware
Trespass oh the Case against the defendant, Sheriff of Kent County, who seized certain personal property, claimed by the plaintiff to be hers, upon executions issued to him against James Kirkley, husband of the plaintiff. The plaintiff testified that she was engaged in business and her husband, James Kirkley, acted as her agent. The personal property, consisting of salt hay, taken by the defendant, was her property, bought with her money.
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Trespass oh the Case against the defendant, Sheriff of Kent County, who seized certain personal property, claimed by the plaintiff to be hers, upon executions issued to him against James Kirkley, husband of the plaintiff. The plaintiff testified that she was engaged in business and her husband, James Kirkley, acted as her agent. The personal property, consisting of salt hay, taken by the defendant, was her property, bought with her money. She had received money at different times from her mother and had on several occasions borrowed from other parties. Mr. Fulton, on cross examination, asked…
1Opinion of the Court
Whiteley, J.,
charging the jury:
This is an action of tresspass by plaintiff against Sheriff Lacey for levying on and selling her goods, hay, &c., on executions against her husband and another.
Her claim is, as she declares under oath, that the hay levied and sold was hers—her property; and gave account of how she obtained money to buy it after her husband’s failure, she borrowed money from Seward, $100, at two different times, from bank on Swane’s & Pickering’s endorsement, $700; and money from her mother, and rent of farm, sale of wood and rails and posts.
S. J. Fowler proves that he was sent…
2Cited by5 opinions
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