Perley v. Foster
Massachusetts Supreme Judicial Court
Replevin of a horse. The defendant pleads property in one Frederick Perley, in abatement, and traverses the property of the plaintiff; and, for a return of the horse, he avows the taking on the 1st day of August, 1810, as a deputy sheriff, by virtue of a writ of attachment sued by one John Walker against the said Frederick Perley.
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Replevin of a horse. The defendant pleads property in one Frederick Perley, in abatement, and traverses the property of the plaintiff; and, for a return of the horse, he avows the taking on the 1st day of August, 1810, as a deputy sheriff, by virtue of a writ of attachment sued by one John Walker against the said Frederick Perley. The plaintiff, in his replication, alleges that the said Frederick Perley being indebted to him in the sum of 168 dollars, he sued out a writ of attachment against him, upon which he caused the said horse to be attached, on the 9th day of May, 1810, by one Edward…
1Opinion of the CourtSew all, J.
By the pleadings in this case, the general property of the horse replevied is agreed to be in Frederick Perley. Amos Perley, the plaintiff in replevin, claims only a possession obtained under an attachment made in his suit against Frederick Perb.v, by the confidence of the officer who made the attachment. The defendant in replevin is also a deputy sheriff, who attached the same horse as Frederick Perley’s, at the suit of one Walker.
*108There have been precedents of contests between deputy sheriffs for. property attached, where this Court have proceeded ■ to decide upon their relative claims. We…
2Cases cited2 opinions
- Grinnell v. PhillipsMassachusetts Supreme Judicial Court · 1805
- Ladd v. NorthMassachusetts Supreme Judicial Court · 1807
3Cited by10 opinions
- Robinson v. BesarickMassachusetts Supreme Judicial Court · 1892
- Walker v. FoxcroftSupreme Judicial Court of Maine · 1823
- Dufour v. AndersonIndiana Supreme Court · 1884
- Clough v. MonroeSupreme Court of New Hampshire · 1857
- Small v. HutchinsSupreme Judicial Court of Maine · 1841
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