Nicolls v Bastard, Esq

• Jurisdiction: Ireland
• Judgment Date: 01 January 1835
• Date: 01 January 1835
• Court: Exchequer of Pleas (Ireland)

English Reports Citation: 150 E.R. 279

EXCHEQUER OF PLEAS.

Nicolls

and

Bastard

Esq.

S. C. 1 Tyr. & G. 156; 1 Gale, 295; 5 L. J. Ex. 7.

[659] N (colls v. bastard, esq. Exch. of Pleas. 1835.-In the case of the simple bailment of a chattel, without reward, it may be recovered in trover, either by the bailor or the bailee, if taken wrongfully out of the bailee's possession.-Trover for horses, cows, furniture, &c. &c. Plea, that J. H. was possessed 280 NICOLLS 1). BASTARD 2 C. M. & R. 660 of the cattle, goods, and chattels in the declaration mentioned, and fraudulently sold them to the plaintiff', to avoid an execution against the goods ofJ. H., and that the defendant (the sheriff) seized them under such execution. Replication, that J. H. did not fraudulently sell the cattle, goods, and chattels in the declaration mentioned to the plaintiff; and issue thereon. The particular of demand was merely "one cow." It appeared that the plaintiff had lent a cow to J. H.; that the goods of J. H. were fraudulently sold to avoid an execution, and the greater part of them bought by the plaintiff; that the plaintiff's cow was not sold, nor was any cow sold at such sale :-Held, that the plaintiff was entitled to a verdict for the above issue.-The plea of no property in the plaintiff, in trover, means no property as against the defendant. [S. C. 1 Tyr. & G. 156 ; 1 Gale, 295; 5 L. J. Ex. 7.] Trover against the late sheriff of Devonshire, for divers cattle, goods, and chattels, to wit, thirty horses, thirty mares, thirty bulls, thirty cows, &c.; hay, corn, furniture, &c. Pleas, first, not guilty ; secondly, that the cattle, goods, and chattels, in the declaration mentioned, were not, nor was any or either of them, the property of the plaintiff, in manner and form, &c.; thirdly, that one J. Home was possessed of the said cattle, goods, and chattels, in the declaration mentioned, and in order to avoid an execution about to be levied upon his goods, fraudulently sold the same to the plaintiff; that a writ of execution against the goods of Home (which was set out) being delivered to the defendant, he seized the cattle goods and chattels, in the declaration mentioned, under such writ. Replication to the third plea, that Home did not, for the purpose of fraudulently preventing the said cattle, goods, and chattels in the declaration mentioned from being taken in execution, sell them to the plaintiff: and issue thereon. The particular of demand comprised only "one cow." At...