Adams v. Pratt
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of George Adams against Richard W. Pratt and John Davis, Jr., for the conversion of machinery. Trial before Scudder, J., who, after a verdict for the plaintiff, allowed a bill of exceptions, of which the material part was as follows : “ The plaintiff claimed under a mortgage to his intestate from Calvin Gay, and the defendants claimed under Gay by a subsequent purchase and delivery.
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Tort by the administrator of the estate of George Adams against Richard W. Pratt and John Davis, Jr., for the conversion of machinery. Trial before Scudder, J., who, after a verdict for the plaintiff, allowed a bill of exceptions, of which the material part was as follows : “ The plaintiff claimed under a mortgage to his intestate from Calvin Gay, and the defendants claimed under Gay by a subsequent purchase and delivery. The plaintiff offered in evidence the mortgage from Gay to his intestate, with the certificate of record thereon duly authenticated. To the admission of the mortgage the…
1Opinion of the CourtChapman, C. J.
The recording of mortgages of personal property is provided for and regulated in this Commonwealth by statute. Gen. Sts. c. 151. The jury have found in this case that *61the asterisks and note referred to were a part of the mortgage at the time it was made and before it was left for record. It is settled that the certificate of the recording officer is conclusive evidence that a mortgage has been recorded. Thayer v. Stark, 6 Cush, 11. Jordan v. Farnsworth, 15 Gray, 517. Fuller v. Cunningham, 105 Mass. 442. In this case the certificate is written above the lower asterisk and the note to which it…
2Cases cited1 opinion
- Fuller v. CunninghamMassachusetts Supreme Judicial Court · 1870
3Cited by5 opinions
- Halleck v. Inhabitants of BoylstonMassachusetts Supreme Judicial Court · 1875
- Gillespie v. RogersMassachusetts Supreme Judicial Court · 1888
- Waltham Co-operative Bank v. BarryMassachusetts Supreme Judicial Court · 1918
- Kalb v. WiseAllen County Court of Common Pleas · 1897
- Jacobs v. DenisonMassachusetts Supreme Judicial Court · 1886