Godding v. Brackett
Supreme Judicial Court of Maine
On Report from Nisi Prius, Wells, J. presiding. Trover for a building, sold as the property of one Hancock, by Brackett, a deputy sheriff, one of the defendants, upon an execution in favor of Pride, the other defendant. It appeared that one Gross had taken a lease of a lot of land for ten years and erected the building upon it. The plaintiff, to prove his ownership, read an assignment of the lease and a bill of sale of the building, from Gross to himself.
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On Report from Nisi Prius, Wells, J. presiding. Trover for a building, sold as the property of one Hancock, by Brackett, a deputy sheriff, one of the defendants, upon an execution in favor of Pride, the other defendant. It appeared that one Gross had taken a lease of a lot of land for ten years and erected the building upon it. The plaintiff, to prove his ownership, read an assignment of the lease and a bill of sale of the building, from Gross to himself. He also introduced Gross, as a witness, who testified that, in the assignment and sale, he had no conversation with the plaintiff, but…
1Opinion of the Court
Howard, J.,
orally. — The bill of sale was not essential to the transfer of the property, and it may be controlled by testimony. The instruction permitted the jury to find, and they must have found, that Hancock paid his own money, and purchased the property for himself. By such finding, it results that the plaintiff was not the purchaser in good faith, and that Hancock, though not the nominal, was the real purchaser.
Judgment on the verdict.
2Cited by1 opinion
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