62 N.H. 566 | N.H. | 1883
The facts reported fully warrant the finding of the referee that the sale of the personal property of Charles Lord to the plaintiff, on December 26, 1878, under which the plaintiff claims, was not a valid sale as against subsisting creditors, not only from want of a change of possession of the property, but also by reason of actual fraud, in being intended to hinder, delay, and defeat the creditors of Charles Lord.
The record and proceedings before the justices, on the application of Charles Lord to take the oath for the relief of poor debtors, were neither an estoppel nor were they competent evidence in this case. The plaintiff was a stranger to those proceedings. He was neither a party nor a privy in estate to the judgment of the justices. He claims title to the property in controversy from Charles Lord prior to that judgment, and consequently he is not bound by it; and as he is not bound by it the adverse party is not bound, and there is no estoppel, because estoppels must be mutual. Hunt v. Haven,
The alias capias execution was legally and properly issued. The first execution upon which the arrest had been made had been duly returned and was no longer operative, and in case the debtor failed to take the oath and surrendered himself at the jail at the expiration of the year, the alias execution would be necessary for his detention. Woodham v. Chase,
As the plaintiff is not entitled to damages, the price at which the property sold on execution is immaterial. If it was material, it might be a pertinent inquiry whether the plaintiff is in a position to complain of the inadequacy of price resulting from his own interference with the sale.
Judgment for the defendant.
ALLEN, J., did not sit: the others concurred.