Hackett v. Potter
Massachusetts Supreme Judicial Court
Replevin of seven eighths of a schooner, attached by the defendant, a deputy sheriff, as the property of Valentine Doane, Jr., upon a writ against him in favor of D. Crowell and another. After the former decision, reported 131 Mass. 50, that a part-owner of a vessel could not maintain replevin for his undivided part, the defendant moved for judgment for a return.
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Replevin of seven eighths of a schooner, attached by the defendant, a deputy sheriff, as the property of Valentine Doane, Jr., upon a writ against him in favor of D. Crowell and another. After the former decision, reported 131 Mass. 50, that a part-owner of a vessel could not maintain replevin for his undivided part, the defendant moved for judgment for a return. Upon this motion, a hearing was had in the Superior Court, before 6W-Jwra, J, who ruled that the defendant was entitled to judgment for a return. The plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtField, J.
This case comes here upon exceptions to a ruling in the Superior Court that the defendant is entitled to a judgment for a return of the property replevied. Judgment generally for the defendant has been entered, in accordance with the decision in 131 Mass. 50. The plaintiff contends that, notwithstanding that judgment, he is entitled to retain, as against the defendant, possession of the schooner, by virtue of a mortgage to him, and an indenture with him, whereby seven eighths of the schooner were conveyed to him by one Doane, to hold as collateral security, or in trust, for the payment of…
2Cases cited5 opinions
- Kline v. BakerMassachusetts Supreme Judicial Court · 1868
- Ely v. JamesMassachusetts Supreme Judicial Court · 1877
- Ames v. McCamberMassachusetts Supreme Judicial Court · 1878
- Hackett v. PotterMassachusetts Supreme Judicial Court · 1881
- Haines v. HanrahanMassachusetts Supreme Judicial Court · 1870
3Cited by11 opinions
- Kelley v. KelleyMassachusetts Supreme Judicial Court · 1894
- Wylie v. CotterMassachusetts Supreme Judicial Court · 1898
- Ufford v. SpauldingMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. StevensMassachusetts Supreme Judicial Court · 1907
- Cosgrave v. McAvayNorth Dakota Supreme Court · 1913
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