Williams v. Welch
New York Supreme Court
Error from the Erie common pleas. The plaintiff brought replevin in the C. P. for stoves and heading taken by the defendant on the 1st July, 1827, from certain lots on Grand Island in Buffalo, in the bounty of Erie.
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Error from the Erie common pleas. The plaintiff brought replevin in the C. P. for stoves and heading taken by the defendant on the 1st July, 1827, from certain lots on Grand Island in Buffalo, in the bounty of Erie. The defendant pleaded that he took the property in question from certain other lots on Grand Island, traversing the taking from the lots specified in the declaration, and for return avowing the taking by license from a third person, averred to be the owner of the lots. The plaintiff replied that the property was taken from the lots specified in the declaration, and tendered an…
1Opinion of the Court
By the Court,
Savage, Ch. J.
I am inclined to think the common pleas was right in directing the plaintiff to proceed as if the plea of non cepit had been put in. The plea of cepit in alio loco does not admit the taking as the plaintiff has laid it; it traverses the place, and in this action the place is material. The plea denies the taking at the place, an issue was therefore joined upon the place, and the plaintiff was bound to prove the taking at the place laid in his declaration.
The fact being proved upon which rested the question as to the county in which Grand Island was situated, the…
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