Sherman v. Davis
Massachusetts Supreme Judicial Court
Tort against a deputy sheriff, for taking and selling, upon an execution against Theodore L. Savage, certain personal property, the plaintiff having at that time a mortgage of said property from. Savage.
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Tort against a deputy sheriff, for taking and selling, upon an execution against Theodore L. Savage, certain personal property, the plaintiff having at that time a mortgage of said property from. Savage. Trial in the Superior Court before Pitman, J., who allowed a bill of exceptions in substance as follows : There was evidence tending to contradict the plaintiff’s testimony that the mortgage was bona fide and for a valuable consideration, and tending to show that the mortgage was fraudulent as against the creditors of Savage, and particularly as against the judgment creditor named in the…
1Opinion of the CourtField, J.
At common law, mortgaged personal property could not be taken on an execution against the mortgagor, because the legal title was not in him; and it is only by statute that it can now be attached, or taken on execution, and the statutes do not now permit it to be taken on execution, unless it has first been attached in the manner provided by the statutes. Badlam v. Tucker, 1 Pick. 389. Brackett v. Bullard, 12 Met. 308. Lyon v. Coburn, 1 Cush. 278. Lamb v. Johnson, 10 Cush. 126. Prout v. Root, 116 Mass. 410. Porter v. Warren, 119 Mass. 535. But, if the mortgage was fraudulent and void as to…
2Cases cited2 opinions
- Prout v. RootMassachusetts Supreme Judicial Court · 1875
- Porter v. WarrenMassachusetts Supreme Judicial Court · 1876
3Cited by4 opinions
- Harmon v. OsgoodMassachusetts Supreme Judicial Court · 1890
- Hannaford v. Charles River Trust Co.Massachusetts Supreme Judicial Court · 1924
- Ward v. SturdivantSupreme Court of Arkansas · 1906
- Ashcroft v. SimmonsMassachusetts Supreme Judicial Court · 1893