Citizens' National Bank v. Oldham
Massachusetts Supreme Judicial Court
Replevin of six United States mail wagons. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: The defendant is a deputy sheriff, and seized and held the wagons as the property of Hiram .Littlefield, by attachment under a writ duly brought against him and A. E. Boone, which action is still pending in this court.
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Replevin of six United States mail wagons. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: The defendant is a deputy sheriff, and seized and held the wagons as the property of Hiram .Littlefield, by attachment under a writ duly brought against him and A. E. Boone, which action is still pending in this court. The date of the attachment was October 10,1881; and of the replevin writ, and taking under it, October 27, 1881. The plaintiff claims under a mortgage made to it by said Littlefield; and it contends that this was either duly…
1Opinion of the CourtW. Allen, J.
The burden was upon the plaintiff to prove that it had made the demand and given the notice prescribed by the Gen. Sts. c. 123, §§ 62, 63, (Pub. Sts. c. 161, §§ 74, 75,) *517which provide that the mortgagee “ shall, when demanding payment of the money due to him, state in writing a just and true account of the debt or demand for which the property is liable to him, and deliver it to the attaching creditor or officer,”
There was evidence, sufficient to submit to the jury, tending to prove that a notice in writing was delivered to the officer, which contained a statement purporting to be of a debt…
2Cases cited2 opinions
- Stevens v. TuiteMassachusetts Supreme Judicial Court · 1870
- Bicknell v. CleverlyMassachusetts Supreme Judicial Court · 1878
3Cited by6 opinions
- Kunz v. NelsonUtah Supreme Court · 1938
- Tucker v. Tremont Trust Co.Massachusetts Supreme Judicial Court · 1922
- Maguire v. Pan-American Amusement Co.Massachusetts Supreme Judicial Court · 1910
- Jarvis v. DePezaMassachusetts Supreme Judicial Court · 1925
- Cousins v. O'BrienMassachusetts Supreme Judicial Court · 1905
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