Duncan v. Spear

New York Supreme Court

Duncan v. Spear

11 N.Y. 54

DecidedOctober 15, 1833

StatusPublished

This text of 11 N.Y. 54 (Duncan v. Spear) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Duncan v. Spear, 11 N.Y. 54 (N.Y. Super. Ct. 1833).

Pincite

Opinion

By the Court,

Sutherland, J.

The defendant cannot set up property in a third person without showing some claim, title or interest in himself. The plaintiff showed at least a claim of property ; the horses were in his possession and the possession of his bailee, claiming them to be the property of the plaintiff, only a few days before they were found in the possession of the defendant. This is sufficient to put the defendant upon showing by what right or title he holds them. He cannot set up the title of Reid, with which he has no connection ; and admitting the execution and sale under which the plaintiff purchased the horses to have been absolutely *void, as between him and the defendant, it appears to me it cannot affect the character or legal consequences of his prior possession. The nonsuit must be set aside.

New trial granted.*

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By the Court,

Sutherland, J.

The defendant cannot set up property in a third person without showing some claim, title or interest in himself. The plaintiff showed at least a claim of property ; the horses were in his possession and the possession of his bailee, claiming them to be the property of the plaintiff, only a few days before they were found in the possession of the defendant. This is sufficient to put the defendant upon showing by what right or title he holds them. He cannot set up the title of Reid, with which he has no connection ; and admitting the execution and sale under which the plaintiff purchased the horses to have been absolutely *void, as between him and the defendant, it appears to me it cannot affect the character or legal consequences of his prior possession. The nonsuit must be set aside.

New trial granted.*

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Bluebook (online)

11 N.Y. 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duncan-v-spear-nysupct-1833.