Comey v. Pickering
Supreme Court of New Hampshire
Trespass, for taking and carrying away six and one half tons leather board, nineteen barrels alum, ten barrels red, eight barrels resin, one barrel machine oil, the property of the plaintiff. Plea, the general issue, with a brief statement of justification under process. Facts found by the court.
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Trespass, for taking and carrying away six and one half tons leather board, nineteen barrels alum, ten barrels red, eight barrels resin, one barrel machine oil, the property of the plaintiff. Plea, the general issue, with a brief statement of justification under process. Facts found by the court. November 16, 1882, William P. Lang, a deputy of the defendant, who was sheriff of the county, having in his hands a writ in favor of George A. Barnes against Joshua S. Holt, attached the chattels mentioned, as the property of Holt, and afterwards sold the same upon the writ.for $349 10. The property…
1Opinion of the Court
Blodgett,!.
For the purposes of this case, it is immaterial whether the sale from Holt to Ladd was fraudulent or otherwise. If not fraudulent, Ladd acquired a valid title to the property conveyed against all the world, and of course could mortgage it for the purpose of securing his debt to the plaintiff, or for any other lawful purpose. If, on the other hand, the sale was fraudulent, the property immediately vested in Ladd, and he acquired a title thereto which he could transmit to others. Its only infirmity was the liability of being impeached by Holt’s creditors: as to all others it was…
2Cited by2 opinions
- Gilcreast v. BartlettSupreme Court of New Hampshire · 1906
- Lewis v. DudleySupreme Court of New Hampshire · 1900