The American Decisions |
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Author:
| Proffatt, John |
ISBN: | 978-0-217-94715-2 |
Publication Date: | Aug 2009 |
Publisher: | General Books LLC
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Book Format: | Paperback |
List Price: | USD $42.13 |
Book Description:
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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: as the; are conflicting, are to be governed by the principles decided in the case of Lanfear v. Sumner, 17 Mass. 110 9 Am. Dec. 119], tbat where different persons claim the same goods by conveyances equally valid, he who first lawfully acquires the possession, has the better title. And this fact the jury...
More DescriptionPurchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: as the; are conflicting, are to be governed by the principles decided in the case of Lanfear v. Sumner, 17 Mass. 110 9 Am. Dec. 119], tbat where different persons claim the same goods by conveyances equally valid, he who first lawfully acquires the possession, has the better title. And this fact the jury have found in favor of the plaintiffs. But it is insisted that there is no evidence of delivery to the plaintiffs, or of possession taken by them, and that the judge was not legally warranted in leaving it to the jury to infer such a fact from the evidence, if satisfied that it existed. The evidence was, that as many thousands of the shingles as were sold to the plaintiffs, were marked with the initial of the surname of one of them, and that they claimed such as were thus marked as their property. This coupled with their bill of sale, must, we think, be regarded as evidence of a delivery to them, proper to be left to the jury. There was ample time for such designation and delivery between October, when their bill of sale ia dated, and the following May, when Chase took possession. In Melvin v. Whiting, 13 Pick. 184, it was holden to be altogether uncertain whether the initials engraved in the rock, were indicative of a claim to the soil or to the fishery; but in this case the mark clearly indicated a claim to the shingles. It was evidence, that those thus marked were set apart from the rest, and belonged to him, whose mark was affixed. The jury having found, that the plaintiffs had the first delivery, their title is good, aside from any assignment of Perry's permit to them. He had an undoubted right to sell the shingles when made. Kamsdell, of whom he purchased the timber, does not interpose, if he had any right to do so. The assignment of the permit being immaterial, we ca...