Baker v. Fales
Massachusetts Supreme Judicial Court
This was an action of replevin, prosecuted by the plaintiffs, as deacons of the first church in Dedham, for the recovery of sundry bonds and other securities for the payment of money, together with the records and documents of the church aforesaid.
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This was an action of replevin, prosecuted by the plaintiffs, as deacons of the first church in Dedham, for the recovery of sundry bonds and other securities for the payment of money, together with the records and documents of the church aforesaid. The plea in abatement having been overruled, and a respondías ouster awarded [Vide ante, page 147], the defendant pleaded in bar, that the goods and chattels replevied are his property, and not the property of the plaintiffs, in manner and form as they in their declaration have alleged; and on this traverse issue was joined to the country. He also…
1Opinion of the CourtParker, C. J.
This is replevin of certain bonds and other money securities, and of certain records and documents, alleged to belong to the first church in Dedham,, of which church the plaintiffs aver themselves to be deacons.
The defendant, in his first plea, denies the property to be in the plaintiffs, and issue is joined on this point.
* In his second plea, he denies that the plaintiffs are [ * 493 ] deacons of the first church in Dedham, and issue is also joined upon this point. Both issues on trial by the jury, have been found, under the direction of the judge who sat on the trial, for the plaintiffs;…
2Cases cited1 opinion
- Avery v. Inhabitants of TyringhamMassachusetts Supreme Judicial Court · 1807
3Cited by38 opinions
- Gewin v. Mt. Pilgrim Baptist ChurchSupreme Court of Alabama · 1909
- Wardens & Vestry of St. Paul's Church v. Attorney GeneralMassachusetts Supreme Judicial Court · 1895
- Brown v. PorterMassachusetts Supreme Judicial Court · 1813
- Chase v. DickeyMassachusetts Supreme Judicial Court · 1912
- Robertson v. BullionsNew York Supreme Court · 1850
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