Wilkins v. Holmes
This text of 59 Allen 147 (Wilkins v. Holmes) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Upon the facts agreed, the question is, whether the boards and timber replevied were the property of the plaintiffs or of Bradbury. The plaintiffs claim title under an alleged sale of the property from Bradbury to Sargent, and a sale from him to the plaintiffs. But there is nothing in the statement of facts, to support the alleged sale from Bradbury to Sargent. The boards and timber were delivered to Sargent, to be used in completing the contract between him and Bradbury; and Sargent’s sale to the plaintiffs was unauthorized and void as against Bradbury. The defendant, therefore, who attached the boards and timber, as the property of Bradbury, is entitled to a return.
Judgment for the defendant.
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Cite This Page — Counsel Stack
59 Allen 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkins-v-holmes-mass-1849.