13 Minn. 70 | Minn. | 1868
JBy the Gow't
I. —If Turner was the plaintiff’s agent, his declarations might be received as the declarations of the principal, if the agent was authorized to make them. But there was nd offer to show in this case that Greene had given Turner authority to hold himself out as the owner of the ties in question, or to represent that he had power to sell the same on his own account, or in behalf of his principal.
II. —The declarations of Turner might also be received as the declarations of his principal, Greene, although made without previous authority, if it were shown that they were brought home to Greene, who assented to or acquiesced in them, or remained silent when it was his' duty to speak, so that the defendants were misled. But no such showing was proposed in this case.
Til. — The defendants make the point that “ the plaintiff having placed Turner, his alleged agent, in a position to deceive and mislead third parties, and havingqiermitted him to clothe himself with-possession — in short, with all the muniments and insignia of property in the ties — is bound by his acts and estopped from denying their validity in this action; and hence, as to defendants, who are purchasers without notice, he cannot claim title in himself.” It is true that a sale of property by a vendor without title 'has been held valid
IV. — Turner’s declarations certainly could not be received to establish a real ownership of the ties in himself in an action to which he was not a party. To admit them would be to admit hearsay.,
"V. — The defendants further insist that “ plaintiff fails to identify the property seized as any portion of the Turner ties, of which alone he claims to be the owner.” It appears that one of the rafts replevied is known as the lower raft. As to the other raft seized there seems to be no evidence that it contained any of the Turner ties. Dockendorf, one of the
Judgment affirmed.