Oxnard v. Blake
Supreme Judicial Court of Maine
Report by Appleton, J. Replevin for a stock of merchandize. The writ is dated March. 14, 1857. Plea, the general issue, and a brief statement alleging that the property was not in plaintiff, but in the defendant, as tenant in common with other persons, and that he was rightfully in possession as such owner and tenant in common; that this action cannot be maintained, and praying for a return, &c.
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Report by Appleton, J. Replevin for a stock of merchandize. The writ is dated March. 14, 1857. Plea, the general issue, and a brief statement alleging that the property was not in plaintiff, but in the defendant, as tenant in common with other persons, and that he was rightfully in possession as such owner and tenant in common; that this action cannot be maintained, and praying for a return, &c. It appears from the Report that Roxana Jordan originally was the owner of the goods replevied; that she was engaged in selling goods at Bangor, in December, 1856, on which day she made separate and…
1Opinion of the Court
The opinion of the Court was drawn up by
Hathaway, J.
Roxana Jordan mortgaged the replevied merchandize to the plaintiff, by his request, to secure her debt to him, and he took possession of it under the mortgage, which was duly recorded.
Although Mrs. Jordan also made a mortgage of the same merchandize to the defendant, and had it recorded at the same time with the mortgage and record thereof to the plaintiff, yet the defendant had no knowledge of it till after the mortgage to the plaintiff had been made, as he requested, and recorded and “approved” by him, which was equivalent to an actual…
2Cases cited3 opinions
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