Ring v. Neale
Massachusetts Supreme Judicial Court
Tort for the conversion of personal property. Writ dated February 15,1872. At the trial in the Superior Court, before Devens, J., the plaintiff produced a chattel mortgage, under which she claimed title, made to her by one Searle, dated September 4, 1868, and recorded January 19, 1870. It appeared that on November 9, 1870, the plaintiff, for breach of the condition of .the mortgage, Raised a notice in due form of her intention to foreclose it to be served on Searle, and to…
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Tort for the conversion of personal property. Writ dated February 15,1872. At the trial in the Superior Court, before Devens, J., the plaintiff produced a chattel mortgage, under which she claimed title, made to her by one Searle, dated September 4, 1868, and recorded January 19, 1870. It appeared that on November 9, 1870, the plaintiff, for breach of the condition of .the mortgage, Raised a notice in due form of her intention to foreclose it to be served on Searle, and to be duly recorded, but that she never took possession of or removed any of the property. It also appeared that Searle had…
1Opinion of the CourtColt, J.
The declaration is for the conversion of personal property. To maintain the action of tort in the nature of trover, the plaintiff must have the legal title to the property in question, and must show possession or a right to immediate possession. It is not enough that he shows an equitable title, such as a right to redeem, or a reversionary interest subject to the present legal title of another. The whole legal title and right of possession passes to the mortgagee by a mortgage of personal property, and is defeated only by the performance of the condition. The plaintiff’s interest in this…
2Cases cited1 opinion
- Landon v. EmmonsMassachusetts Supreme Judicial Court · 1867
3Cited by21 opinions
- Shipley v. Meadowbrook Club, Inc.Court of Appeals of Maryland · 2001
- Elmore v. Simon & Bro.Supreme Court of Alabama · 1880
- Baker v. SeaveyMassachusetts Supreme Judicial Court · 1895
- Syndicate v. GuttentagMassachusetts Supreme Judicial Court · 1901
- Wise v. KennedyMassachusetts Supreme Judicial Court · 1924
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