Brooks v. Nichols
Michigan Supreme Court
Error to Wayne Circuit. This was an action of replevin to recover possession of certain personal property levied upon by defendants by virtue of an execution.
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Error to Wayne Circuit. This was an action of replevin to recover possession of certain personal property levied upon by defendants by virtue of an execution. The jury, in a special'verdict, found the following facts: 1. That prior to and on the 29th day of September, A. D.-1866, one Stewart'McDonald was the owner'of the property described in the plaintiffs declaration, and that the same constituted a part of the household furniture then owned and used by said McDonald. 2. That on said 29th day of September said McDonald being in embarrassed circumstances, made a general assignment of all his…
1Opinion of the Court
Cooley Ch. J.
We are of opinion that the Circuit Judge erred in not rendering judgment for the plaintiff on the special verdict. That verdict established the bona fides of the assignment by McDonald, and the only question that could remain was, whether it was void in law by reason of the omission to select out the exempt property. This question we regard as settled by the decisions of this court in Hollister v. Loud, 2 Mich. 323, and Smith v. Mitchell, 12 Id. 180.
*41■ The supposed difficulty of sustaining an assignment which assumes to transfer property not separated from a larger quantity, is…
2Cases cited1 opinion
- Hollister v. LoudMichigan Supreme Court · 1852
3Cited by10 opinions
- Frank v. MyersSupreme Court of Alabama · 1892
- Muhr v. PinoverCourt of Appeals of Maryland · 1887
- Richardson v. MarquezeMississippi Supreme Court · 1881
- First National Bank of Madison v. HackettWisconsin Supreme Court · 1884
- Parker, Holmes & Co. v. ClevelandSupreme Court of Florida · 1896
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