Greene v. Dingley
Supreme Judicial Court of Maine
Replevin for a pair of steers. Writ dated Oct. 12, 1840. Plea, non cepit. Brief statement, that the property in the steers was in the defendant. At the trial, before Shepley J. the plaintiffs proved the taking of the steers by the defendant, and rested. The counsel for tbe defendant requested the presiding Judge to rule, that the plaintiffs must prove the property to be in themselves before they could sustain their action.
Read the full summary
Replevin for a pair of steers. Writ dated Oct. 12, 1840. Plea, non cepit. Brief statement, that the property in the steers was in the defendant. At the trial, before Shepley J. the plaintiffs proved the taking of the steers by the defendant, and rested. The counsel for tbe defendant requested the presiding Judge to rule, that the plaintiffs must prove the property to be in themselves before they could sustain their action. This the Judge declined to do, and ruled, that the only question, besides the taking, presented by the pleadings, was, whether the property in the steers was in the…
1Opinion of the Court
The opinion of the Court was prepared by
Tenney J.
This is an action of replevin for a yoke of steers. The defendant pleaded the general issue of non cepit, and filed a brief statement, alleging therein that the property was in himself.
*136The defendant was once the owner of the steers, and sold them to the plaintiffs, taking for the purchase money a note secured by a mortgage of the steers ; it was agreed that the plaintiffs should have possession of the steers till the maturity ,'of the note. Sometime after the note was payable, the larger part thereof was received by the defendant; the balance…
2Cited by1 opinion
- Giles v. PutnamSupreme Judicial Court of Maine · 1954