Massachusetts Supreme Judicial Court, 1857

Rourke v. Bullens

Rourke v. Bullens
Massachusetts Supreme Judicial Court · Decided September 15, 1857 · Metcalf
74 Mass. 549
Rourke v. Bullens

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Metcalf, J.

The court are of opinion, that what passed between the defendant and Ellen Sullivan was not such a delivery, actual, constructive, or symbolical, of the swine, as gave a title to the defendant, which he can maintain against a subsequent bona fide purchaser, to whom actual delivery was made. See Packard v. Wood, 4 Gray, 307.

Exceptions sustained.

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