Mitchell v. Roberts
Supreme Court of New Hampshire
Replevin, by Grenville A. Mitchell & a. against Moses Roberts, for one horse, sleigh, harness, whip, and buffalo robe. Plea, non cepit, with a brief statement setting forth a seizure of the property by one Willis, a deputy sheriff, upon an execution in favor of the defendant against one Gordon ; an advertisement of it to be sold at auction by the officer, and the taking it out of his possession on the day appointed for the sale by virtue of this writ of replevin, by means of…
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Replevin, by Grenville A. Mitchell & a. against Moses Roberts, for one horse, sleigh, harness, whip, and buffalo robe. Plea, non cepit, with a brief statement setting forth a seizure of the property by one Willis, a deputy sheriff, upon an execution in favor of the defendant against one Gordon ; an advertisement of it to be sold at auction by the officer, and the taking it out of his possession on the day appointed for the sale by virtue of this writ of replevin, by means of which the sale was prevented ; and alleging that the goods were the property of said Gordon, or Gordon & Mitchell, and…
1Opinion of the Court
Foster, J.*
The case finds that the property was taken by a deputy sheriff upon an execution in favor of the defendant against one Gordon, and that, until taken from his custody by vdrtue of the writ of replevin, the property remained under the officer’s control. The defendant never had actual possession of the property, nor constructive possession, unless the officer is to be regarded as his agent, he having been directed by the defendant to seize the property upon the execution.
Replevin is strictly a possessory action: that is, as expressed by Blaclcstone, 2 Com.-198, “ such wherein the…
2Cases cited11 opinions
- Knapp v. . SmithNew York Court of Appeals · 1863
- Allen v. CraryNew York Supreme Court · 1833
- Ladd v. NorthMassachusetts Supreme Judicial Court · 1807
- Repine v. McPhersonSupreme Court of Kansas · 1864
- Stewart v. Wells & JohnsonNew York Supreme Court · 1849
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3Cited by3 opinions
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- Peirce v. FinertySupreme Court of New Hampshire · 1911