Nute v. Bryant

Decided July 1, 1850

Supreme Judicial Court of Maine · decided 1850-07-01

Replevin for a horse. The defendant filed a brief statement of property in himself. The plaintiff replied property in himself. One Buck formerly owned the horse. He conveyed it to the plaintiff, and soon afterwards also conveyed it to Deane. From Deane it passed through an intermediate conveyance to Thompson. The defendant purchased of Thompson, bona fide, and for full consideration. To prove the sale to the plaintiff fraudulent, the defendant called Buck as a witness.

Decided 1850-07-01

Wells, J., orally.

¶1It is not necessary to consider the validity of the releases. The case of Cutter v. Copeland, 18 Maine, 127, shows, that as between Buck and the plaintiff, the sale is valid, and that the plaintiff might recover back. To the losing party in this suit, Buck must be liable. His interest is therefore balanced.

¶2As to the ruling that sales, fraudulent and void as to existing creditors, would be void as to subsequent bona fide purchasers, it is not important to examine. The finding of the jury, that the plaintiff consented to the sale to Deane, renders further inquiry on that point unnecessary.

¶3Exceptions overruled.