Whitney v. Heywood
Massachusetts Supreme Judicial Court
This was an action of trover for an omnibus, tried before Méllen, J-, in the court of common pleas, and brought to this court by exceptions. It appeared, that the plaintiff, on the 27th of April, 1846, being the owner of sundry horses, carriages of various kinds, among which was the omnibus in question, harnesses and other property, in his stable at Fitchburg, sold the same to one Silas Burgess, by a bill of sale duly executed.
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This was an action of trover for an omnibus, tried before Méllen, J-, in the court of common pleas, and brought to this court by exceptions. It appeared, that the plaintiff, on the 27th of April, 1846, being the owner of sundry horses, carriages of various kinds, among which was the omnibus in question, harnesses and other property, in his stable at Fitchburg, sold the same to one Silas Burgess, by a bill of sale duly executed. Burgess, on the same day, mortgaged the same property back to Heywood, to secure the payment of $1000 of the purchase-money, payable by instalments of $200 each, every…
1Opinion of the CourtDewey, J.
This court has recently decided,* that upon the removal of the mortgagor of personal property, after the mortgage has been once duly recorded, no additional or further record is required by reason of such removal.
2. As to the question of an authority vested in the mortgagee, to sell the mortgaged property, and to pass a good title to the purchaser, it is to be observed, that the vendee of personal property, when he sets up title in himself by purchase, in defence, necessarily assumes the burden of establishing a title or authority to sell in his vendor. It is not enough to show, that the…
2Cited by12 opinions
- Carpenter v. LonganSupreme Court of the United States · 1873
- Bon v. GravesMassachusetts Supreme Judicial Court · 1914
- W. W. Kimball Co. v. MellonWisconsin Supreme Court · 1891
- Commonwealth v. DonovanMassachusetts Supreme Judicial Court · 1898
- Blumenthal v. JassoySupreme Court of Minnesota · 1882
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