34 Me. 27
Supreme Judicial Court of Maine
Decided July 1, 1852
Supreme Judicial Court of Maine · decided 1852-07-01
On Report from Nisi Prius, Wells, J. presiding. Trover for a building, sold as the property of one Hancock, by Brackett, a deputy sheriff, one of the defendants, upon an execution in favor of Pride, the other defendant. It appeared that one Gross had taken a lease of a lot of land for ten years and erected the building upon it. The plaintiff, to prove his ownership, read an assignment of the lease and a bill of sale of the building, from Gross to himself.
Cited by 1 later decisions — most recently May 1900
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1852-07-01
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¶1orally. — The bill of sale was not essential to the transfer of the property, and it may be controlled by testimony. The instruction permitted the jury to find, and they must have found, that Hancock paid his own money, and purchased the property for himself. By such finding, it results that the plaintiff was not the purchaser in good faith, and that Hancock, though not the nominal, was the real purchaser.
¶2Judgment on the verdict.