Wheeler v. Train
Massachusetts Supreme Judicial Court
This was an action of replevin for certain household furniture. The defendant pleaded that the property in the furniture was in John Wheeler, when he as a deputy sheriff attached it for some of the creditors of John Wheeler. The plaintiff replied property in himself, and issue was joined thereon.
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This was an action of replevin for certain household furniture. The defendant pleaded that the property in the furniture was in John Wheeler, when he as a deputy sheriff attached it for some of the creditors of John Wheeler. The plaintiff replied property in himself, and issue was joined thereon. At the trial, before Putnam J., it was proved by John Wheeler, that Lewis Wheeler was his creditor upon notes of hand given for money borrowed; and it was agreed between them, that the furniture should be appraised, and that John should convey it to Lewis absolutely, and that Lewis should allow the…
1Opinion of the Court
Wilde J.
delivered the opinion of the Court. As to the first question made in this case, in relation to the validity of the sale, we think the'jury were rightly instructed. The possession of the vendor after the sale, is not a conclusive badge of fraud. It may be so when unexplained, but it is always open *257to proper explanations. It is evidence of fraud, and not fraud Per se> and so it has always been considered in this Court1 We think also that the explanation in this case is satisfactory. As a debtor may mortgage his property to his creditor, and retain possession until condition broken, if…
2Cases cited10 opinions
- Hamilton v. RussellSupreme Court of the United States · 1803
- Jackson ex dem. Peek v. PeekNew York Supreme Court · 1830
- Wilcox v. WoodNew York Supreme Court · 1832
- Dawes v. CopeSupreme Court of Pennsylvania · 1811
- Jackson, ex rel. Bigelow v. TimmermanNew York Supreme Court · 1831
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3Cited by1 opinion
- Boston Trading Group, Inc. v. Robert A. Burnazos, Boston Trading Group, Inc. v. Robert A. BurnazosCourt of Appeals for the First Circuit · 1988