Hills v. Parker
Massachusetts Supreme Judicial Court
Replevin of a locomotive engine from William M. Parker and the Boston & Albany Railroad Company. Writ dated November 21, 1870. At the trial in the Superior Court, before' BocJcwell, J., the plaintiff introduced evidence tending to show that in November 1869, Henry N. Farwell, a director of the Boston, Hartford & Erie Railroad Company, which was then in embarrassed circumstances, bought this engine from the maker; that the defendant Parker, who was superintendent of the…
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Replevin of a locomotive engine from William M. Parker and the Boston & Albany Railroad Company. Writ dated November 21, 1870. At the trial in the Superior Court, before' BocJcwell, J., the plaintiff introduced evidence tending to show that in November 1869, Henry N. Farwell, a director of the Boston, Hartford & Erie Railroad Company, which was then in embarrassed circumstances, bought this engine from the maker; that the defendant Parker, who was superintendent of the railroad, asked him to let him have the engine to use on the railroad; that Farwell said he would not -deliver it to the…
1Opinion of the CourtGbAT, J.
The defendants fail to bring themselves within the principle on which they rely for their defence. That principle is, that when property has been put by the decree of a court of chancery into the hands of a receiver, his possession is the possession of the court which appointed him, and any rights in the property can only be asserted by application to that court.
All the decisions cited for the defendants relate to property in which the person or corporation whose estate has been placed by the court of chancery in the custody of the receiver had a title. In such a case, the property in the…
2Cases cited4 opinions
- Wiswall v. SampsonSupreme Court of the United States · 1853
- Noe v. GibsonNew York Court of Chancery · 1839
- Paige v. SmithMassachusetts Supreme Judicial Court · 1868
- Post v. LeetNew York Court of Chancery · 1840
3Cited by35 opinions
- Cartwright's CaseMassachusetts Supreme Judicial Court · 1873
- Baker v. Denver Tramway Co.Supreme Court of Colorado · 1922
- Robinson v. Trustees of the New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1945
- Allen v. Central RailroadSupreme Court of Iowa · 1876
- Ainslie v. AinslieMassachusetts Appeals Court · 1978
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