Burchinell v. Mosconi
Colorado Court of Appeals
Error to the District Court of Arapahoe County. This was an action in replevin brought by defendant in error claiming as assignee of Antonio and Joseph Sarcone, against plaintiff in error, sheriff, who levied upon the goods several writs of attachment after the assignment, and took and retained them.
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Error to the District Court of Arapahoe County. This was an action in replevin brought by defendant in error claiming as assignee of Antonio and Joseph Sarcone, against plaintiff in error, sheriff, who levied upon the goods several writs of attachment after the assignment, and took and retained them. The following is the deed of assignment made to Mosconi: “ Know all men by these presents, that we, Antonio Sarcone and Joseph Sarcone, doing business as Sarcone Brothers, for value received have this daj>- sold and by these presents do grant, assign and convey to Louis Mosconi, of the cityr of…
1Opinion of the CourtReed, J.
The only question urged, relied upon and necessaiy to be determined is the validity of the deed of assignment. It is controlled by the act of 1885. Session Laws, p. 43.
It is claimed that the deed is void for want of certainty and lack of necessary description of the property assigned. The assignor is required to annex to his deed of assignment an inventory under oath of his estate; such inventory becomes a part and parcel 'of the conveyance.
The general description in the assignment of the property conveyed is limited and controlled by the schedule attached. Bock v. Perkins, 139 U. S. 628.
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2Cases cited3 opinions
- Bock v. PerkinsSupreme Court of the United States · 1891
- Emigrant Industrial Sav'gs B'k v. . RocheNew York Court of Appeals · 1883
- Palmer v. McCarthyColorado Court of Appeals · 1892
3Cited by6 opinions
- Damaskus v. McCarty-Johnson Heating & Engineering Co.Supreme Court of Colorado · 1931
- Kinney v. Yoelin Bros. Mercantile Co.Supreme Court of Colorado · 1924
- Mosconi v. BurchinellColorado Court of Appeals · 1896
- Mosconi v. BurchinellColorado Court of Appeals · 1896
- Stevens v. MosconiColorado Court of Appeals · 1895
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