well presiding. This is trover for a wagon. The plaintiff claimed title to it under a purchase of it and horse, mads by him in May 1847, from one Thomas White and one Wall, at the price of $135; which was their value. In September 1847, the defendant obtained a judgment against Wall before a justice of the peace on a debt, which existed prior to March 1847, and then had the wagon sold on execution, and became the purchaser.
Cited by 1 later decisions — most recently January 1874
1 state decisions
Good law ✅— No negative treatment on recordhow we know
¶1
There cannot be a doubt of the law laid down to the jury. Assuming the deed of trust to have been fraudulent, yet, clearly, the fraudulent grantor and grantee, united, must be able to make a good title. For, the title must be in one of them, and unless it could be conveyed, we should have an instance of property perpetually inalienable. A stranger might, therefore, have purchased this property. So might the plaintiff, for a fair price and
bona fide;
which is admitted to be the .case here. For, the law does not deprive persons of the power of
reference;
but rather encourages them to abandon covinous conveyances, and make honest bargains instead of them. That was done here before the defendant got a judgment against ■Wall.
