Smart v. Batchelder
Supreme Court of New Hampshire
From Bockingham Circuit Court. Trespass. The plaintiff, a deputy sheriff, having a writ of attachment in favor of the town of Nottingham against the defendant and two others, on September 27, 1873, attached the real estate of the defendants, and also a quantity of boards.
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From Bockingham Circuit Court. Trespass. The plaintiff, a deputy sheriff, having a writ of attachment in favor of the town of Nottingham against the defendant and two others, on September 27, 1873, attached the real estate of the defendants, and also a quantity of boards. He placed a keeper over the personal property thus attached, who remained in charge of it until a copy of the writ and of the officer’s return of the attachment of said boards had been left with the town-clerk according to law; and that being done, the keeper was discharged. The officer’s return was as follows: “ I attached…
1Concurrence
The first question is, whether here had been a valid sale to Waldron as against the creditors of the defendant. There is no evidence of any actual delivery to or possession by Waldron, or any explanation of the absence of possession. It seems hardly necessary to cite authorities to show that under such circumstances the sale was not complete as against the defendant's creditors, and the property was therefore open to attachment.
According to the cases of Brown v. Davis, 9 N.H. 76, Lathrop v. Blake,23 N.H. 46, Dickinson v. Lovell, 35 N.H. 9, the officer's return of the attachment is conclusive…
2Cases cited6 opinions
- Foster v. RopesMassachusetts Supreme Judicial Court · 1872
- Brown v. DavisSuperior Court of New Hampshire · 1837
- Dickinson v. LovellSupreme Court of New Hampshire · 1857
- Lathrop v. BlakeSuperior Court of New Hampshire · 1851
- Jenness v. WendellSupreme Court of New Hampshire · 1871
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