Treat v. Gilmore
Supreme Judicial Court of Maine
Trover. This case was tried by the presiding Judge, Appleton, J., by agreement, reserving the right to except. Samuel B. Field, on Jan. 15, 1857, mortgaged the goods in his store, in Bangor, to the plaintiffs and others, and, also, his goods in the custom house and on board schooner Jenny Lind, subject to a mortgage of the same date, to John Benson and David Fuller, of the same goods, with covenants of seizin, ownership, and warranty against all persons, excepting Benson and…
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Trover. This case was tried by the presiding Judge, Appleton, J., by agreement, reserving the right to except. Samuel B. Field, on Jan. 15, 1857, mortgaged the goods in his store, in Bangor, to the plaintiffs and others, and, also, his goods in the custom house and on board schooner Jenny Lind, subject to a mortgage of the same date, to John Benson and David Fuller, of the same goods, with covenants of seizin, ownership, and warranty against all persons, excepting Benson and Fuller, on condition, that if the said Field, his heirs, executors, or administrators, should pay to the said grantees,…
1Opinion of the Court
The opinion of the Court was drawn up by
Bice, J.
Trover for a stock of goods taken by the defendant, as sheriff of the county of Penobscot, on a writ dated April 3, 1857, in favor of John M. Barnard & al. v. Samuel B. Field. On the 13th of the same April, the defendant caused the goods, thus attached, to be appraised under the provisions of c. 114, §§ 53 to 56, of the B. S. of 1841, and, on the 17th of the same month, said goods were sold by the defendant.
The plaintiffs claim title by virtue of a mortgage from Samuel B. Field, to themselves and others, dated January *3815, 1857, and recorded…
2Cases cited2 opinions
- State v. JohnstonTennessee Supreme Court · 1847
- Timothy L. MacE in Error v. Jared WellsSupreme Court of the United States · 1848
3Cited by10 opinions
- Lyon v. BallentineMichigan Supreme Court · 1886
- Moore v. Prentiss Tool & Supply Co.New York Court of Appeals · 1892
- Citizens National Bank v. Osborne-McMillan Elevator Co.North Dakota Supreme Court · 1911
- Daly v. ProetzSupreme Court of Minnesota · 1874
- Frankenthal v. MayerAppellate Court of Illinois · 1894
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