Hammatt v. Wyman
Massachusetts Supreme Judicial Court
This was an action of trespass, for taking and carrying away sundry goods and chattels of the plaintiff. The defendants filed a brief statement, pursuant to the statute of 1792, c. 41, in which Davenport sets forth a justification as a deputy sheriff, under an execution in favor of one Abraham Barker against Enoch Jones and Josiah Noyes, alleging the said goods to have been the property oi the said Enoch Jones, and a justification of the defendant Wyman, as servant and…
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This was an action of trespass, for taking and carrying away sundry goods and chattels of the plaintiff. The defendants filed a brief statement, pursuant to the statute of 1792, c. 41, in which Davenport sets forth a justification as a deputy sheriff, under an execution in favor of one Abraham Barker against Enoch Jones and Josiah Noyes, alleging the said goods to have been the property oi the said Enoch Jones, and a justification of the defendant Wyman, as servant and assistant to him, the said Davenport. The action was tried upon the general issue joined, at the last September term in this…
1Opinion of the CourtParker, J.
The first question, which arose in the trial of this cause, respected the evidence of the plaintiffs title, he claiming by virtue of a sale under an execution; but producing no evidence of such sale, except by paroi proof of the doings of the officer. This objection was overruled at the trial; but, upon consideration, the Court is of opinion that it ought to have prevailed; that the property did not pass to Hammatt, so as to enable him to maintain trespass against the officer; for that a written return by the officer, stating particularly his proceedings, is necessary to vest in any purchaser…
2Cases cited2 opinions
- Ladd v. BluntMassachusetts Supreme Judicial Court · 1808
- Campbell v. PhelpsMassachusetts Supreme Judicial Court · 1821
3Cited by34 opinions
- Zimmerman v. GaumerIndiana Supreme Court · 1899
- Splahn v. GillespieIndiana Supreme Court · 1874
- Milliken v. BrownSupreme Court of Pennsylvania · 1829
- Law v. LongIndiana Supreme Court · 1873
- State ex rel. Wilber v. SalyersIndiana Supreme Court · 1862
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