Waterman v. Robinson
Massachusetts Supreme Judicial Court
By the writ in this case, the plaintiff replevied certain articles of household furniture from the defendant, who, as a deputy sheriff, had attached them as the property of Isaiah Lucas. A verdict was found for the plaintiff, that the goods replevied were his property, subject to the opinion of the Court upbn a case reported by the judge.
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By the writ in this case, the plaintiff replevied certain articles of household furniture from the defendant, who, as a deputy sheriff, had attached them as the property of Isaiah Lucas. A verdict was found for the plaintiff, that the goods replevied were his property, subject to the opinion of the Court upbn a case reported by the judge. On the 23d of July, 1801, the property was in the said Lucas, on which day a commission of bankruptcy issued against him, and he being declared a bankrupt, by a warrant from the commissioners, their messenger .seized the goods, caused them to be appraised…
1Opinion of the Court
At this term, the cause was shortly argued by Perley, for the' plaintiff, and Mellen, for the defendant, after which the opinion of the Court was delivered by
Parsons, C. J.
[After reciting the facts as stated above.] Upon these facts, we are to decide whether the property of the goods, so that he might lawfully replevy them, was in' the plaintiff.
Trover may be maintained by him who has the possession; but replevin cannot be maintained but by him who has the property, either general or special. Admitting the commission, and the proceedings under it, to be regular, what property had the…
2Cited by16 opinions
- Marsh v. PierSupreme Court of Pennsylvania · 1833
- Coffin v. AndersonIndiana Supreme Court · 1837
- Butts v. CollinsCourt for the Trial of Impeachments and Correction of Errors · 1834
- Kehr v. HallIndiana Supreme Court · 1889
- Ludden v. LeavitiMassachusetts Supreme Judicial Court · 1812
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