3 Wend. 348 | N.Y. Sup. Ct. | 1829
By the Court,
The judge in the court below intended to confirm his charge to the law of the case of Bissel v. Hopkins, (3 Cowen, 166,) but he mistook in supposing, as he seems to have done, that the mortgagee in that case had been in the actual possession of the articles mortgaged. It will appear from a critical examination of the facts of that case, that Hopkins, the mortgagee, never had the actual possession of the property in dispute. Other cases are to be found in the books similiar in this respect to Bissel v. Hopkins. The circumstances of that case were considered sufficient to repel the prima facie evidence of fraud arising from the continuance of the possession of the mare in Dryer, the original owner. In the case before us, I discover no eircmstanees to evince the bonafides of Ba
Judgment affirmed.