Simpson v. M'Farland
Massachusetts Supreme Judicial Court
Replevin for articles of household furniture. The writ bears date of March 15th, 1834. The defendant pleads non cepit ; upon which issue is joined Under this issue, the plaintiff produced in evidence a deed of mortgage, dated November 13th, 1832, and recorded in the city clerk's office in Boston on December 3d, 1832, and m the town clerk’s office in Cambridge on July 29th, 1833, by which deed the defendant conveyed to the plaintiff the articles of furniture named in the…
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Replevin for articles of household furniture. The writ bears date of March 15th, 1834. The defendant pleads non cepit ; upon which issue is joined Under this issue, the plaintiff produced in evidence a deed of mortgage, dated November 13th, 1832, and recorded in the city clerk's office in Boston on December 3d, 1832, and m the town clerk’s office in Cambridge on July 29th, 1833, by which deed the defendant conveyed to the plaintiff the articles of furniture named in the writ, to secure the payment of $667-53, in four semi-annual payments. The plaintiff then introduced as a witness one Stocker…
1Opinion of the Court
Morton J.
delivered the opinion of the Court. The case was substantially tried on the plea of non cepit. And we are clear in the opinion, that there was not evidence enough to support the action on this plea. The plaintiff, to maintain this issue on his part, must prove either an unlawful taking or an unlawful detention. Badger v. Phinney, 15 Mass. R. 359; Baker v. Fales, 16 Mass. R. 147; Marston v. Baldwin, 17 Mass. R. 606.
It is not pretended that the defendant wrongfully took the *430goods from the plaintiff. The plaintiff had formerly sold and delivered them to the defendant, and never…
2Cases cited5 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Baker v. FalesMassachusetts Supreme Judicial Court · 1819
- Commonwealth v. MorseMassachusetts Supreme Judicial Court · 1817
- Gould v. BarnardMassachusetts Supreme Judicial Court · 1807
- Holmes v. WoodMassachusetts Supreme Judicial Court · 1809