Patten v. Smith
Supreme Court of Connecticut
A new trial having been granted, pursuant to the decision of this Court, 4 Conn. Rep. 450. 455. the cause was tried again at term, 1 823, before Hosmer, Ch. J, The chattels mentioned in the plaintiff’s declaration, were levied on, and taken, by Smith, a constable, one of the defendants, and were sold according to law.
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A new trial having been granted, pursuant to the decision of this Court, 4 Conn. Rep. 450. 455. the cause was tried again at term, 1 823, before Hosmer, Ch. J, The chattels mentioned in the plaintiff’s declaration, were levied on, and taken, by Smith, a constable, one of the defendants, and were sold according to law. The plaintiff claimed title to them, before the levy, by a mortgage, dated the 24th of July, 1818, from William S. Marsh, whose property, and in whose possession, they were, at that time. Marsh was permitted, by the plaintiff, to retain, and did in fact retain the possession of…
1Opinion of the Court
Hosmer, Ch, J.
If the plaintiff had neither the actual nor constructive possession of the property, for the taking of which helms brought his action, it is clear, that his suit can not be supported. That the goods and chattels in question were never in the plaintiff’s actual possession, is admitted. Whether they were in his constructive possession, must depend on his title to them. It is agreed, that being the owner, one Marsh mortgaged them to the plaintiff, but was permitted to retain them in his possession ; and that, afterwards, he sold them, for a valuable consideration, to Storrs, and on…
2Cases cited1 opinion
- Starr v. KnoxSupreme Court of Connecticut · 1817
3Cited by10 opinions
- Forbes v. MarshSupreme Court of Connecticut · 1843
- Brooks v. PowersMassachusetts Supreme Judicial Court · 1818
- Mills v. CampSupreme Court of Connecticut · 1841
- Hartford-Connecticut Trust Co. v. Puritan Laundry, Inc.Supreme Court of Connecticut · 1920
- Bindley v. Martin Bros.West Virginia Supreme Court · 1886
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