Identity

Sameness. 1.

In larceny, trover, detinue, and replevin, the thing in question must be identified; so in torts, for damage done to specific property; and so in all indictments where the taking of property is the gist. Identity of person must be proven in all criminal prosecutions. '8 In the ordinary case of buying and selling for cash, the identity of the parties is entirely immaterial; and in many cases where that matter is material, a party is estopped by his dealing with the other f roin saying that he was mistaken as to the person.'* See Abbak^n; Confusion, Of goods; Description; Name. 3. Property transferred in fraud of creditors may be subjected to the payment of their claims upon identification of the property; as, in the case of personalty given to a wife.^o One who obtains property by fraud acquires no title to it, but he and all transferees with notice are trustees for the original owner, who may recover the property as long as it can be traced and identified in its ' Myer v. Fegaley, 39 Pa. 429 (1861). ?Alvordu Moffatt, lOInd.

366 (1858). ■ Bergman's Appeal, 88 Pa. 120 (18T8). < Cato 11. Hutson, 7 Mo. 143 (1841). ' Morton v. Mo Clure, 23 111.

357 (1859). » Jeffries v. Bartlett, 75 Ga. 232 (1885). ' Marr v. Wetzel, 3 Col. 5 (1876). » Elliott V. EJiott, 14 Md. 121 (1859). ' Stanley v. Noble, 59 Iowa, 410 (1882) '» Rowe V. Palmer, 29 Kan. 337 (1883). " Power V. Woo Uey, 31 Ark. 462 (1860). '=Marx V. Hanthom, 30 F. R. 686 (1887). 'S United States v. Spintz, 18 P. E. 377 ( '* City of Lafayette v. Wortman, 107 Ind. 404 (1886). 's Smurr v. State, 88 Ind. 506 (1883), oases; 107 id. 410. '« Siebert v. State, 95 Ind. 470 (1884). See 1 Bish. Cr. Pr. § 688; 1 Whart. Cr. L. 309. "■Commonwealth r. Warren, 143 Mass. 569 (1887), in which "Celestia" and " Celeste " were found to be the same name; other cases cited. ■e See 4 Bl. Com. 396; 3 Crim. Law Mag. 387; 34 La. An. 1083. '* Clement v. British American Assurance Co., 141 origiiial or substituted form.i See ad fin. Trust, 1; Conceal, 1. 8. Of literary composition, consists in the sentiment and the language: the same conception clothed in the same words must necessarily be the same composition," S. Identity of designs, etc. See Design, 2; Patent, 2.