Fugate v. Clarkson

In this case the only question is that which was stated but left undecided in McIsaacs vs Hobbs, 8th Dana, 271, and that is, whether a mortgagee, entitled to the possession of movable property remaining with his mortgagor, may maintain an action of replevin therefor against a sheriff who, though apprised of the mortgage, had taken it under a fi. fa. as the absolute property of the mortgagor, and had avowed his determination to sell it without regard to the mortgagee’s claim of title.

And this point being now, for the first time, fairly pre. sented for judicial decision, we are of the opinion…