Shaw v. Wilshire
Supreme Judicial Court of Maine
On exceptions. Replevin, for one black horse, two bay colts, one ox-cart and fixtures, one single harness, one single sleigh. Writ dated November 19, 1872. The defendant pleaded the general issue, with brief statement denying the plaintiff’s title to all except the black horse, alleging title to the harness in himself, and title to the colts, ox-cart and sleigh, in one Archibald Linn.
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On exceptions. Replevin, for one black horse, two bay colts, one ox-cart and fixtures, one single harness, one single sleigh. Writ dated November 19, 1872. The defendant pleaded the general issue, with brief statement denying the plaintiff’s title to all except the black horse, alleging title to the harness in himself, and title to the colts, ox-cart and sleigh, in one Archibald Linn. The plaintiff' introduced the following writing: Hartland, September, 20, 1871. # # * •#- * •&- # This day sold and delivered to Elisha W. Shaw, the following named personal property, to' wit: Three yearling…
1Opinion of the CourtBarrows, J.
The legislature of this state have endeavored, by various enactments, to prevent the' perpetration of those frauds upon creditors and bona fide purchasers which are liable to be practiced if the owner of personal property, still retaining the possession of it, is permitted to encumber it with mortgages or liens of which no public notice is given.
In B. S., c. 91, § 1, it is declared that “no mortgage of personal property, to secure payment of more than thirty dollars, shall be valid against any other person than the parties thereto, unless possession of such property is delivered to and…
2Cited by11 opinions
- Sayward v. ThayerWashington Supreme Court · 1894
- Poling v. FlanaganWest Virginia Supreme Court · 1895
- Thico Plan, Inc. v. Maplewood Poultry Co. (In Re Maplewood Poultry Co.)United States Bankruptcy Court, D. Maine · 1980
- Wheeling & Lake Erie Railway Co. v. KeachCourt of Appeals for the First Circuit · 2015
- Butler v. RockwellSupreme Court of Colorado · 1890
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