Pecker v. Silsby
Massachusetts Supreme Judicial Court
Replevin of chattels alleged .to belong to Seth E. Pecker, Frank O. Dame and John H. Swasey. Writ dated June 23, 1875. At the trial in the Superior Court, before jDewey, J., the following facts appeared: J. H. Silsby, on September 10, 1872, was owner of the property in question, and on the same day sold it to Flack & Finlay, and received back from them in part payment a mortgage to him to secure $8000, according to four notes for $2000 each, dated September 7, 1872. None of…
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Replevin of chattels alleged .to belong to Seth E. Pecker, Frank O. Dame and John H. Swasey. Writ dated June 23, 1875. At the trial in the Superior Court, before jDewey, J., the following facts appeared: J. H. Silsby, on September 10, 1872, was owner of the property in question, and on the same day sold it to Flack & Finlay, and received back from them in part payment a mortgage to him to secure $8000, according to four notes for $2000 each, dated September 7, 1872. None of these notes were paid. This mortgage was duly recorded on September 10,1872. Silsby died on August 2, 1874, a short time…
1Opinion of the CourtMorton, J.
This case is governed by Howard v. Chase, 104 Mass. 249. The mortgage of Pollard & Bliss to the plaintiffs conveyed the personal property named therein “ subject to prior mortgages to the amount in all of eight thousand dollars.” The only existing prior mortgage was the one under which the defendant claims, and the amount and terms of this mortgage were known to Pollard & Bliss and to the plaintiffs. It was clearly the intention of Pollard & Bliss to sell, and of the plaintiffs to buy, the right of redeeming the defendant’s mortgage, The plaintiffs took only what was conveyed, a right to…
2Cases cited1 opinion
- Howard v. ChaseMassachusetts Supreme Judicial Court · 1870
3Cited by11 opinions
- Piea Realty Co. Inc. v. PapuzynskiMassachusetts Supreme Judicial Court · 1961
- Nation v. Planters and Mechanics BankSupreme Court of Oklahoma · 1911
- Federal Trust Co. v. Bristol County Street Railway Co.Massachusetts Supreme Judicial Court · 1914
- Cassell v. DeisherSupreme Court of Colorado · 1907
- Mead v. MaberryMissouri Court of Appeals · 1895
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