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5 Cal. 135

Engels v. Heatly

California Supreme Court

Decided July 1, 1855

California Supreme Court · decided 1855-07-01

The facts are as follows : On the 15th day of December, 1852, Lewis Reford and Thomas C. Thomas held a mortgage on, and were in possession of the ship Thracian, and were joint owners in the adventure of the voyage on which tire ship was then engaged.

Decided 1855-07-01

Heydenfeldt, J., delivered the opinion of the Court.

¶1Bryan, J., concurred.

¶2The plaintiff knew as well as the defendant the condition of that which he purchased. It does not appear that he was in any wise disturbed in his rights by the seizure on attachment. We cannot upon this record decide what the plaintiff obtained by his purchase; but if it should avail him nothing, he has no right of legal complaint against Heatly, who was an innocent agent, and had already parted with the money of his principal, which he obtained by virtue of the sale to Thomas.

¶3Judgment affirmed.

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