Beatty v. Hatcher
Ohio Supreme Court
ERROR to the court of common pleas of Stark county. Reserved in the district court. In April, 1858, Stevens & Chappel were merchants at Marlboro’, Stark county, Ohio, and were largely indebted for goods. On or about the 9th day of April, 1858, they professed to sell all their stock of goods and other property to John W. Hatcher.
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ERROR to the court of common pleas of Stark county. Reserved in the district court. In April, 1858, Stevens & Chappel were merchants at Marlboro’, Stark county, Ohio, and were largely indebted for goods. On or about the 9th day of April, 1858, they professed to sell all their stock of goods and other property to John W. Hatcher. The creditors of Stevens & Chappel, claiming the sale to be fraudulent, sued out attachments against Stevens & Chappel, and by virtue thereof the plaintiff in error, then sheriff of Stark county, seized a portion of the goods, and took them from the possession of said…
1Opinion of the Court
By the Couet.
The plaintiff, Hatcher, in his petition, claimed title in the goods seized by the defendant, as sheriff, and sought to recover their value from him. The first de*119fense set up in the answer having been withdrawn, the case was tried on the second defense set up in the answer, which simply alleged fraud in the assignment under which the plaintiff claimed. This did not admit that the plaintiff ever had title to the goods, and was, in effect, only a special denial of the title alleged in the petition. Before the plaintiff would be entitled to recover at all, he would have to show a…
2Cited by8 opinions
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- Dean v. King, Pennock & KingOhio Supreme Court · 1871
- Hammond v. HammondOhio Supreme Court · 1871
- Merchants' & Manufacturers' Insurance v. ShillitoOhio Supreme Court · 1864
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