Summary
recognizing that trustees under a deed of trust must "consider themselves impartial agents for both parties, and act in all sales for the interest of the debtor as well as the creditor"
Summary of this case from Crosby v. Alg Tr., LLCOpinion
03-26-1814
January 8, 1813, Argued
The appellee brought his action of trespass against the appellant in the Superior Court of law; charging in his declaration that the defendant with force and arms took and carried away " one wagon, the property of the plaintiff then and there being, of the value of 120 dollars, and also a quantity of poultry, to wit, turkeys, geese, ducks and hens, of the value of thirty dollars, the property of the plaintiff." On the plea of not guilty, a verdict was found for the plaintiff for 100 dollars damages. The defendant moved in arrest of judgment--1st, because the declaration did not charge that the property taken by the defendant was in the possession of the plaintiff at the time of the taking, " and therefore did not charge a trespass; " and 2dly, because the poultry charged to be taken was not sufficiently described; it not being stated how many there were of each description.
The court over-ruled these objections, and entered judgment according to the verdict, from which the defendant appealed to this court.
Judgment affirmed.
The president reported the court's opinion.
OPINION
Saturday, March 26th, 1814, the president reported the court's opinion that the judgment be affirmed.
[*]For monographic note on Trespass, see end of case.