Coolidge
Coolidge v. Austin
Opinion
Lead Opinion
Lennon, J.
The plaintiff in this action of claim and delivery secured a judgment, awarding her the possession or the value of certain personal property. The plaintiff’s complaint contained all of the allegations usual and necessary to the statement of a cause of action in claim and delivery. The defendant by his answer denied all of the allegations of the complaint and in addition averred that he had acquired title to and possession of the property in suit by purchase in good faith for a valuable consideration from one W. H. Coolidge. Defendant further averred that he made such purchase without knowledge or notice of the fact that plaintiff had or claimed any title or interest in the property.
The trial court found that the property in controversy was valued at the sum of six hundred and ninety dollars, and that plaintiff was at all times the owner and entitled to the possession thereof.
These findings are sufficiently supported by the evidence upon the whole case.
The facts of the case are practically undisputed and briefly are as follows: The plaintiff and William H. Coolidge prior to the sale in question were husband and wife. Plaintiff purchased the property in suit prior to her…