Sawyer v. Long
Supreme Judicial Court of Maine
On report. This was an action of replevin of stock and fixtures. Both parties claimed under conveyances from Philip F. Morrison. The plaintiif obtained his mortgage July 1, 1889, and the defendant became a purchaser from Morrison’s assignee, May 5, 1891. The mortgage was foreclosed March 9, 1891; sixty days redemption expired May 8, 1891. Date of writ June 3, 1891. Other facts are stated in the opinion.
1Opinion of the CourtHaskell, J.
Replevin. The plaintiff claims as mortgagee, and the defendant as purchaser from the assignee for the benefit of creditors of the mortgagor. The case must be decided at law, not in equity. The mortgage was given to secure $275 on, "my stock and fixtures in the store now occupied by me,” &e. . . "and I covenant to keep said stock and fixtures up to a value not less than $500. It is agreed that [the mortgagor] may, in the usual course of trade, sell said stock, but not the fixtures, and with the proceeds of said sale replace said stock with other stock of like kind, which new stock shall be…
2Cases cited3 opinions
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
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3Cited by4 opinions
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