Swift v. Thompson
Supreme Court of Connecticut
This was an action of trover for certain; articles of machinery used in a cotton manufactory» The cause was tried at Brooklyn, October term, 1830, before Williams, J. Both parties claimed title to the property under deeds from Charles Lee.
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This was an action of trover for certain; articles of machinery used in a cotton manufactory» The cause was tried at Brooklyn, October term, 1830, before Williams, J. Both parties claimed title to the property under deeds from Charles Lee. The defendant having indorsed sundry notes for Lee, to the amount of 9,660 dollars, payable at the New-London Bank, Lee, to secure the defendant, on the 7th of A ugust, 18¾9, executed a mortgage to him of three pieces of land on the Willimantic Falls, in Windham, “ with a cotton manufactory and all the machinery of every description thereunto belonging.”…
1ConcurrenceWilliams, J.
I concur with the court, that the machinery is personal property ; but 1 am not satisfied that the other part of the charge was incorrect.
The plaintiffs are, by Lee himself, constituted his assignees, ay a deed entirely voluntary on his part; and as such, they claim, that they can treat as void a prior deed, given by Lee, to secure his indorser, as he neglected to take possession of the property conveyed by it. No actual fraud is pretended in the irst deed. There was no pretence of any trust, otherwise than as it may be inferred from the fact that the mortgagor of machinery in a cotton mill…
2Cases cited2 opinions
- In re HoweNew York Court of Chancery · 1828
- Kimball v. HutchinsSupreme Court of Connecticut · 1820