Orcutt v. Moore
Massachusetts Supreme Judicial Court
Tort for the conversion of personal property, attached by the defendant, a deputy sheriff, as the property of Franklin W. Orcutt and Abigail Orcutt. At the trial in the Superior Court, before Aldrich, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtMobtox, C. J.
Franklin W. Orcutt and Abigail Orcutt, being the owners of a farm in Concord, leased it “ to one Bailey for a year, under an agreement by which said Bailey was to carry on the farm, at the halves, and was to leave, on December 18, 1877, as much hay as he found there when he took the farm, December 18,1876.”
In October 1877, the said Orcutts made a mortgage to the plaintiff of “ all the hay and fodder in my barn, one undivided half of all the grain, and one undivided half of all the beans." After the mortgage was made, and before any division had been made by Bailey, the defendant, who is a…
2Cases cited7 opinions
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