Scott v. Perley
Massachusetts Supreme Judicial Court
Replevin of a yoke of oxen. At the trial in the superior court, before Ames, C. J., the plaintiff introduced evidence that in May 1865 he hired of his father, James T. Scott, a farm and farming stock, for a term to end April 1, 1866, agreeing “ to leave the stock at the end of the term; ” and that he bought of his father a certain yoke o. oxen, which were among the stock, md agreed to pay for them “ either in money, one hundred and ufty dollars, or by leaving another yoke of…
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Replevin of a yoke of oxen. At the trial in the superior court, before Ames, C. J., the plaintiff introduced evidence that in May 1865 he hired of his father, James T. Scott, a farm and farming stock, for a term to end April 1, 1866, agreeing “ to leave the stock at the end of the term; ” and that he bought of his father a certain yoke o. oxen, which were among the stock, md agreed to pay for them “ either in money, one hundred and ufty dollars, or by leaving another yoke of that value at the end of the term,” and afterwards traded off this yoke for the yoke replevied, paying forty-five…
1Opinion of the CourtChapman, J.
Mr. Smith, the administrator of James T. Scott, testified, on behalf of the defendant, that everything in dispute was to be referred, and that the oxen, which are the subject of this action, were in dispute. Thus the referees had full authority in the matter. They awarded that the plaintiff should pay to Smith, “ for the claim of the estate in one yoke of oxen, one hundred and fifty dollars.” This is the whole of their award on that subject. They did not award that Smith should transfer or convey to the plaintiff any interest in them, or release any right in them, or that they should become…
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