Midllesworth v. Robinson

Decided May 15, 1834

Robinson brought trover for a hog,, and proved on the trial the hog to be his, and that the defendant-set on his dog and killed him. The defendant proved that some time before the hog was killed,, the plaintiff had made a bill of sale of sundry property, including the hog, to one Schofield to secure him a debt of $40, and left the stock near where he stood; after which the hog run at large, and Schofield exercised no acts of ownership, over him.

Decided 1834-05-15

LANE, J.

¶1We do not discover the error of the court below, which injured the plaintiff in error on which he has reason to complain — if that court erred, in our opinion, it erred in being too favorable to the plaintiff in error. A mortgagor has an interest in the subject of the mortgage, which he can protect by suit. The hag- was at large, in the actual possession of neither the plaintiff below, nor Schofield; by construction of law, he was in thepossession of his owner; and if Robinson was the owner, any use or abuse of him inconsistent with the ownership will enable him to support trover. 'The judgment is affirmed, with costs.