Ash v. Savage
Superior Court of New Hampshire
Trover for a yoke of oxen. The cause was tried at November term, 1830, upon the general issue, and a verdict taken, by consent, for the plaintiff, subject to the opinion of the court upon the following case.
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Trover for a yoke of oxen. The cause was tried at November term, 1830, upon the general issue, and a verdict taken, by consent, for the plaintiff, subject to the opinion of the court upon the following case. On the 25th March, 1829, Lemuel Barrett, being the owner of the said oxen, and being justly indebted to the plaintiff in the sum of $50,40, sold the same oxen to the plaintiff, for that sum, with a condition, that if he paid to the plaintiff the said sum of $50,40, within six months, the sale to be void. And it was agreed that in the mean time, the oxen should remain in the possession of…
1Opinion of the Court
The opinion of the Court was delivered by
Richardson C. j.
In this case there was a just debt due to the plaintiff; and the oxen were conveyed to him by way of mortgage to secure the debt, with an agreement, that the mortgagor should retain the oxen in his possession, until the condition should be broken. It does not appear that there was any secrecy as to the transaction, nor is there any thing stated in the case which indicates fraud, unless it be the circumstance, that possession was retained by the mortgagor under the agreement.
Two questions arise. In the first place, was possession…
2Cases cited1 opinion
- Haven v. LowSuperior Court of New Hampshire · 1819
3Cited by4 opinions
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Greenleaf v. PerrinSuperior Court of New Hampshire · 1836
- Tucker v. TiltonSupreme Court of New Hampshire · 1875
- Hoit v. RemickSuperior Court of New Hampshire · 1840