Replevin of a horse. Facts found by the court. July 13, 1889, Onesime Hamel sold the horse in suit to William Doucet (the plaintiff’s father) for the price of $145, to be paid in one year with interest. Doucet resided in Newmarket and. carried on the business of a baker, using the horse in his business. During the year ending in July, 1890, William Doucet paid Hamel $47.90 of the price of the horse. At the end of the year he was unable to pay the balance.
Cited by 2 later decisions — most recently January 1909
2 state decisions
Good law ✅— No negative treatment on recordhow we know
¶1
William Doucet bought the horse of Hamel and became its owner in July, 1889, and from that time until the attachment by the defendant in July, 1891, the horse was not out of his possession. The contract between William Doucet, Hamel, and the plaintiff vested the title to the horse in the plaintiff, as between those parties; but there being no change of possession, the horse remaining in the custody and use of William Doucet was liable to attachment by his creditors. It is unnecessary to-cite authorities to the point that a sale of chattels is invalid as to creditors of the vendor when the property is allowed to remain in his use and possession.
