Shaughnessey v. Lewis
Massachusetts Supreme Judicial Court
Tobt for the conversion of certain personal property. Trial in the Superior Court, before Putnam, J., who allowed a bill of exceptions in substance as follows : The property in question, which was attached by the defendant, a deputy sheriff, on May 24,1880, as the property of Mary A. Snow, was mortgaged by her to the plaintiff by a deed, dated in the in testimonium clause the “ sixteenth day of June in the year one thousand eight hundred and seventy-nine,” and pur ported to…
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Tobt for the conversion of certain personal property. Trial in the Superior Court, before Putnam, J., who allowed a bill of exceptions in substance as follows : The property in question, which was attached by the defendant, a deputy sheriff, on May 24,1880, as the property of Mary A. Snow, was mortgaged by her to the plaintiff by a deed, dated in the in testimonium clause the “ sixteenth day of June in the year one thousand eight hundred and seventy-nine,” and pur ported to be acknowledged “ July 21, 1879.” The deed, which covered real estate as well as the personal property attached, was…
1Opinion of the CourtLord, J.
The purpose of the St. of 1874, e. Ill, is obvious, and its true construction is equally obvious. The purpose is to prevent the antedating of a mortgage in order to give it a validity which it would not have if the true time of the execution were expressed in it; and the true construction of it is, that notoriety shall be given to the mortgage within fifteen days of its execution. It would be a very harsh as well as unnatural construction of the statute to suppose that the Legislature meant to make void as against the world an instrument which, in one of the various modes in which mistakes in…
2Cases cited1 opinion
- Folsom v. ClemenceMassachusetts Supreme Judicial Court · 1873
3Cited by18 opinions
- Kolda v. National-Ben Franklin Fire InsuranceMassachusetts Supreme Judicial Court · 1935
- In Re Irvine's EstateMontana Supreme Court · 1943
- Fenby v. HuntWashington Supreme Court · 1909
- Old Colony Trust Co. v. Medfield & Medway Street Railway Co.Massachusetts Supreme Judicial Court · 1913
- Federal Trust Co. v. Bristol County Street Railway Co.Massachusetts Supreme Judicial Court · 1915
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