Turvil v. Tipper

Decided July 1, 1793

IN trespass for taking goods, &c. The defendant pleaded that the Earl of Southampton was seized of the manor of St. Giles, and that in the said manor there was a plaint against one Bayton, and an attachment issued against him, and he (the defendant), being bailiff, attached him by his goods; which the plaintiff claiming by colour of a fraudulent deed brought his action. The plaintiff joined issue that the deed was made bona fide, and it was found for the defendant.

Decided 1793-07-01

Jones, J.

¶1There ought to be judgment for the defendant. If the attachment was not returned, it ought to be shewn by the plaintiff,

Whitlock, J. concurred,Doderidge, J.

¶2Let the matter be referred to another day, the C. J. being absent. Palm. 415. Palm. 493.