Chapin v. Freeland
Massachusetts Supreme Judicial Court
Replevin of two counters. Writ dated November 14, 1881. Trial in the Superior Court, without a jury, before Blodgett, J., who allowed a bill of exceptions, in substance as follows: There was evidence tending to show, and the judge found, that, in 1867, one Daniel Warner built a building upon his land in Oxford, and fitted up the same with shelving and counters, and designed the same for use as a store for the sale of general merchandise ; that the counters in controversy…
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Replevin of two counters. Writ dated November 14, 1881. Trial in the Superior Court, without a jury, before Blodgett, J., who allowed a bill of exceptions, in substance as follows: There was evidence tending to show, and the judge found, that, in 1867, one Daniel Warner built a building upon his land in Oxford, and fitted up the same with shelving and counters, and designed the same for use as a store for the sale of general merchandise ; that the counters in controversy were put into the store by him, and were arranged for convenient use therein; that the same were nailed to the floor, and…
1Opinion of the CourtHolmes, J.
This is an action of replevin for two counters. There was evidence that they belonged to the defendant in 1867, when one Warner built a shop, put the counters in, nailed them to the floor, and afterwards, on January 2, 1871, mortgaged the premises to one DeWitt. In April, 1879, DeWitt’s executors foreclosed, and sold the premises to the plaintiffs. The defendant took the counters from the plaintiffs’ possession in 1881. The court found for the defendant. Considering the bill of exceptions as a whole, we do not understand this general finding to have gone on the ground either of a special…
2Cases cited20 opinions
- Campbell v. HoltSupreme Court of the United States · 1885
- Townsend v. JemisonSupreme Court of the United States · 1850
- Norcross v. JamesMassachusetts Supreme Judicial Court · 1885
- Wetherbee v. GreenMichigan Supreme Court · 1871
- Jones v. JonesSupreme Court of Alabama · 1850
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3Cited by16 opinions
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- Mulligan v. HiltonMassachusetts Supreme Judicial Court · 1940
- Strong v. StrongCalifornia Supreme Court · 1943
- Currier v. StudleyMassachusetts Supreme Judicial Court · 1893
- Nash v. Northwest Land Co.North Dakota Supreme Court · 1906
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