Gates v. Gates
Massachusetts Supreme Judicial Court
This was an action of replevin for a horse. The defendant pleaded property in one George Spencer. The plaintiff replied that the horse was his property, on which issue was joined. Trial was had, at the sittings here after the last October term, before Putnam, J. The plaintiff offered evidence tending to prove that Spencer had sold and delivered the horse to him.
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This was an action of replevin for a horse. The defendant pleaded property in one George Spencer. The plaintiff replied that the horse was his property, on which issue was joined. Trial was had, at the sittings here after the last October term, before Putnam, J. The plaintiff offered evidence tending to prove that Spencer had sold and delivered the horse to him. The defendant proved that he was a constable, and attached the horse at the suit of one Gustavus Jewell, and by his express direction, as the property of Spencer. Jewell, being then reputed a man of property, gave the defendant a bond…
1Opinion of the CourtParker, C. J.
*283The issue on trial was, whether the property in the horse was in the plaintiff, at the time of the taking. The defendant, having the special property by force of the attachment, had a right to disprove the property of the plaintiff by any lawful evidence.
At the time the attachment was made, the creditor who ordered it had a debt due which entitled him to contest the validity of the sale to the plaintiff; and he had no means of compelling his debtor to file his account in offset, instead of resorting to his cr. ss action. The issue of that suit, in consequence of the account filed, cannot…
2Cited by10 opinions
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