Buzzell v. Hardy
Supreme Court of New Hampshire
Trespass, for taking a pair of oxen and a cow. The defendant justified as an officer under process against the plaintiff, who claimed that the property was exempt from attachment or seizure on execution. Facts found by the court. May 23, 1872, one Colby, a deputy sheriff, attached the oxen and cow, on a writ against the plaintiff, who made no claim that they were exempt from attachment, and who procured a receiptor, and they went back into his possession.
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Trespass, for taking a pair of oxen and a cow. The defendant justified as an officer under process against the plaintiff, who claimed that the property was exempt from attachment or seizure on execution. Facts found by the court. May 23, 1872, one Colby, a deputy sheriff, attached the oxen and cow, on a writ against the plaintiff, who made no claim that they were exempt from attachment, and who procured a receiptor, and they went back into his possession. The plaintiff' was a farmer; and when the attachment was made he owned two cows, a pair of oxen, and a horse. He used the oxen and horse on…
1Opinion of the CourtStanley, J.
If the attachment was lawful, the subsequent seizure on the execution was lawful, for it relates back to the time of the attachment, so far as any other conveyances or incumbrances are concerned, and the creditor is not affected by any intermediate notice or record. Stowe v. Meserve, 13 N. H. 46; Emerson v. Littlefield, 3 Fairf. 148; Stanley v. Perley, 5 Greenl. 369 ; Coffin v. Ray, 1 Met. 212.
If the oxen were not exempt, the attachment was lawful. Either the oxen or the horse were exempt, but not both. One of the two cows was exempt, but not both. We do not decide whether the plaintiff had…
2Cases cited1 opinion
- Tevis v. YoungCourt of Appeals of Kentucky · 1858
3Cited by2 opinions
- Barnard v. TowneSupreme Court of New Hampshire · 1899
- Hardy v. KeeneSupreme Court of New Hampshire · 1891