Legal Opinion

Owen v. Boyle

Supreme Judicial Court of Maine

Decided June 15, 1838PublishedCited by 7 opinions

Replevin for six hundred bushels of salt, which the defendant in his brief statement alleged to be his property. The salt had been placed in a store on the island of Campo Bello in the Province of New-Brunswick, but for what purpose it was placed there did not appear. The facts necessary for a proper understanding of the case, will be found in the opinion of the Court. The admission of the title deed of the plaintiff was objected to, but admitted by the Judge.

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Replevin for six hundred bushels of salt, which the defendant in his brief statement alleged to be his property. The salt had been placed in a store on the island of Campo Bello in the Province of New-Brunswick, but for what purpose it was placed there did not appear. The facts necessary for a proper understanding of the case, will be found in the opinion of the Court. The admission of the title deed of the plaintiff was objected to, but admitted by the Judge. The certificate offered, to prove the appointment of the constable, was as follows. “ Charlotte to wit. I hereby certify unto all whom…

1Opinion of the Court

After a continuance, for advisement, the opinion of the Court was drawn up by

Shepley J.

The defendant was the owner of the property replevied, and still is the owner unless the right of property has been changed by the proceedings in the Province of New~Brms-*149wick. He has a right to Insist, that iho plaint iiT shall si tow, that by the laws and proceedings there, lie acquired a right to tile property. Yet if such facts arc shown, and the lav,;; applicable to them, as prove a change of property there, the (foil aidant when ho voluntarily places his property under the protection or control of…

2Cited by7 opinions

  1. Steeves v. IrwinSupreme Judicial Court of Maine · 1967
  2. Farrell v. TheriaultSupreme Judicial Court of Maine · 1983
  3. Sykes v. BeckNorth Dakota Supreme Court · 1903
  4. Hite v. KeeneWisconsin Supreme Court · 1912
  5. Tessmann v. Supreme Commandery of United FriendsMichigan Supreme Court · 1894

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