Jackson v. Colcord
Massachusetts Supreme Judicial Court
Tort against the defendant Colcord, an attaching creditor, and against the other defendant, Charles Kimball, as sheriff, for the conversion of a horse, sleigh, and sundry other articles of personal property.
Read the full summary
Tort against the defendant Colcord, an attaching creditor, and against the other defendant, Charles Kimball, as sheriff, for the conversion of a horse, sleigh, and sundry other articles of personal property. At the trial in the Superior Court, before Rockwell, J., it appeared that the defendant Colcord, having a valid claim against one Samuel H. Jackson, caused the property, for the conversion of which the suit was brought, to be attached by a deputy of Kimball; that the property was then subject to a mortgage made by Jackson to the plaintiff, and was in the possession of Jackson, the…
1Opinion of the CourtAmes, J.
' When the personal property of a debtor is encumbered by a mortgage, or pledge, there are two modes, pointed out by Gen. Sts. c. 123, §§ 62-71, in which it may be attached by a creditor. One is to cause it to be seized and taken possession of by an officer, in the same manner as if it were unencumbered. This is the usual mode of proceeding when there is no controversy as to the validity of the mortgage, or the amount due upon it, or when the attaching creditor is content to take the mortgagee’s account of the matter, subject to such penalties and securities as the law provides in case of a…
2Cases cited2 opinions
- Boynton v. WarrenMassachusetts Supreme Judicial Court · 1868
- Furber v. DearbornMassachusetts Supreme Judicial Court · 1871
3Cited by8 opinions
- Porter v. WarrenMassachusetts Supreme Judicial Court · 1876
- McDonald v. FaulknerMassachusetts Supreme Judicial Court · 1891
- Emery v. SeaveyMassachusetts Supreme Judicial Court · 1889
- Fletcher v. WrightonMassachusetts Supreme Judicial Court · 1904
- Rund v. BlattMassachusetts Supreme Judicial Court · 1898
3 more not listed; retrieve them via the Exa API.