Wilbraham v Snow
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1726 |
| Date | 01 January 1726 |
| Court | Court of the King's Bench |
English Reports Citation: 86 E.R. 37
IN THE KING'S BENCH, EXCHEQUER, COURT OF CHANCERY
See S. C. 2 Wms. Saund. 47; 85 E. R. 624 (with note).
terming sancti hill. anno 21 & 22 car. II. in banco regis. WlLBRAHAM Vei'SUS SNOW. [See S. C. 2 Wins. Saund. 47; 85 E. R. 624 (with note).] S. C. 1 Lev. 282. 1 Sid. 438. 2 Saund. 47, 345. 1 Mod. 12, 30. 2 Keb. 588. In an action of trover the plaintiff declares, that he was owner, and possessed of certain goods, and sets them forth particularly, and that they came to the defendant's hands, who converted them, &c. The defendant pleaded not guilty, and the jury find this special verdict; That the plaintiff was sheriff, and that he took the goods into his possession by force of a fieri facias; and that the defendant (who was also defendant in the execution) took them away. And then they demand the judgment of the Court, if the plaintiff could maintain this action. It was said that he might, because he was answerable over to the plaintiff in the execution, at whose suit he took them; and could not return that they were taken away : and if he returns, that he hath taken goods sufficient, and after loses them, he is bound to answer the value as returned. A bailee of goods shall bring trespass, quare bona sua oepit: and Rolle 5, a carrier from whom goods are taken may bring trover. But it was argued on the other side, that the property is in the defendant, notwithstanding the seizure, Dyer 99 a. and Yelverton 44. And the sheriff had but an. authority in law to sell, as commissioners of bankrupt have of the estate of the bankrupt per 13 Eliz. 7, or executors upon a devise, that they shall sell land, &c. but trespass he might bring because of the possession...
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