Hodgkins v. Bowser
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on July 19,1905, under R. L. c. 159, § 8, cl. 1, to establish the plaintiff’s title to and to recover possession of a race horse known as Darius, against one Bowser, alleged to be the pretended owner of Darius, and one Whitney, claiming under an alleged pretended mortgage from Bowser of a one half interest in Darius. In the Superior Court a temporary injunction was granted and a custodian of the horse Darius was appointed.
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Bill in equity, filed in the Superior Court on July 19,1905, under R. L. c. 159, § 8, cl. 1, to establish the plaintiff’s title to and to recover possession of a race horse known as Darius, against one Bowser, alleged to be the pretended owner of Darius, and one Whitney, claiming under an alleged pretended mortgage from Bowser of a one half interest in Darius. In the Superior Court a temporary injunction was granted and a custodian of the horse Darius was appointed. The case was referred to Elias B. Bishop, Esquire, as master, to hear the parties and their evidence and report his findings to…
1Opinion of the CourtBraley, J.
This is a bill brought under R. L. c. 159, § 3, cl. 1, to determine the title to and recover possession of a horse, which having been secreted without this jurisdiction could not be replevied at law, and also for general relief. Strickland v. Fitzgerald, 7 Cush. 530. The answer of the defendant Bowser as amended, while not technically pleading a lien, does set forth that in the training and the care of the horse he expended large sums of money for the benefit of the plaintiff for which he should be reimbursed. The objection was not taken by either of the defendants, that in equity as at law…
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3Cited by6 opinions
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