Legal Opinion

Seed v. Lord

Supreme Judicial Court of Maine

Decided November 21, 1876PublishedCited by 4 opinions

ON REPORT. Replevin of twenty packages of wool of tbe value of $1050, belonging to the plaintiff, from tbe defendant by a writ served 'August 19, 1875. Plea, non cepit, with a brief statement, that tbe defendant, a deputy sheriff of this county, attached the wool by virtue of a writ in favor of Pike et al. v. Brierly c& Bon, that the plaintiff sold and delivered the wool to Brierly & Son, that after sale and delivery, the Brierlys suspended payment, were adjudicated…

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ON REPORT. Replevin of twenty packages of wool of tbe value of $1050, belonging to the plaintiff, from tbe defendant by a writ served 'August 19, 1875. Plea, non cepit, with a brief statement, that tbe defendant, a deputy sheriff of this county, attached the wool by virtue of a writ in favor of Pike et al. v. Brierly c& Bon, that the plaintiff sold and delivered the wool to Brierly & Son, that after sale and delivery, the Brierlys suspended payment, were adjudicated bankrupts and their property conveyed,to one Sanborn, assignee, that subsequently they made a composition with their creditors…

1Opinion of the CourtDanforth, J.

An action of replevin, in which the title to the property, a quantity of wool, replevied is in question. The plain*581tiff was tlie original owner and through a broker agreed to sell it to Edward Brierly & Son. In pursuance of that agreement, the wool was shipped to the vendees July 80, 1875, and received by them August 4th. On the 11th of August the defendant, then a deputy sheriff, attached the wool as the property of Brierly & Soil, on a writ in favor of their creditors.

It further appears from the bill sent with the wool, and from the testimony of the broker who negotiated the sale, that it…

2Cases cited1 opinion

  1. Hirschorn v. CanneyMassachusetts Supreme Judicial Court · 1867

3Cited by4 opinions

  1. Morgan v. EastIndiana Supreme Court · 1890
  2. Mabray v. Kelly-Goodfellow Shoe Co.Missouri Court of Appeals · 1898
  3. N. M. Minnix Co. v. L. C. Smith & Bros. Typewriter Co.Court of Appeals for the D.C. Circuit · 1909
  4. Arnold v. GambrelSupreme Court of Oklahoma · 1917

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