Lynde v. Parker
Massachusetts Supreme Judicial Court
Replevin by a mortgagee of a horse, buggy, and harness. At the trial in the Superior Court, before Hammond, J., there was evidence that the defendant was the keeper of a livery stable in Malden, at which the horse had been boarded by the mortgagor, in whose possession it had been left after the execution of the mortgage, and that he claimed a lien upon it for his charges under § 32 of chapter 192 of the Public Statutes.
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Replevin by a mortgagee of a horse, buggy, and harness. At the trial in the Superior Court, before Hammond, J., there was evidence that the defendant was the keeper of a livery stable in Malden, at which the horse had been boarded by the mortgagor, in whose possession it had been left after the execution of the mortgage, and that he claimed a lien upon it for his charges under § 32 of chapter 192 of the Public Statutes. The judge, after defining a lien in a manner not excepted to, instructed the jury as follows: “ In order that the defendant may have a valid lien as against this plaintiff for…
1Opinion of the CourtLathrop, J.
No question arises in this case as to the extent of the defendant’s lien. Nor was any exception taken to the submission to the jury of the question whether the defendant had a valid lien on the horse. The only question is as to the correctness of the instruction given.
By the Pub. Sts. c. 192, § 32, “ Persons having proper charges due them for pasturing, boarding, or keeping horses or other domestic animals brought to their premises, or placed in their care by or with the consent of the owners thereof, shall have a lien on such horses or other domestic animals for such charges.” It was held in…
2Cases cited1 opinion
- Howes v. NewcombMassachusetts Supreme Judicial Court · 1888
3Cited by11 opinions
- Mortgage Securities Co. v. PfaffmannCalifornia Supreme Court · 1917
- Houston Nat. Exch. Bank of Houston v. De BlancCourt of Appeals of Texas · 1923
- Field v. RoosaMassachusetts Supreme Judicial Court · 1893
- Cather v. SpencerSupreme Court of Oklahoma · 1916
- American Surety Co. of New York v. Bay City Cattle Co.Court of Appeals of Texas · 1924
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