Cochrane v. Rich
Massachusetts Supreme Judicial Court
Bill in equity, against Isaac B. Rich and Lizzie S. McKenney, to obtain the assignment of a mortgage. The case was heard in the Superior Court by Blodgett, J., who reported the case for the determination of this court, in substance as follows: Certain household furniture, a part of which was exempt by law from attachment, had been attached in the house of the defendant McKenney, and the portion not exempt had been removed therefrom by the officer who made the attachment, on…
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Bill in equity, against Isaac B. Rich and Lizzie S. McKenney, to obtain the assignment of a mortgage. The case was heard in the Superior Court by Blodgett, J., who reported the case for the determination of this court, in substance as follows: Certain household furniture, a part of which was exempt by law from attachment, had been attached in the house of the defendant McKenney, and the portion not exempt had been removed therefrom by the officer who made the attachment, on a writ in favor of the plaintiff; the defendant Rich held a mortgage covering all of said household furniture, and was…
1Opinion of the CourtGardner, J.
The right to make an attachment of mortgaged personal property is derived from the Pub. Sts. a. 161, §§ 74 <f* seq. At common law, a mortgagor’s interest in such property could not be reached by attachment. Badlam v. Tucker, 1 Pick. 389. The statute points out the method in which such attachment can be made. It can be rendered effectual by the payment of the amount secured by the mortgage upon demand made. The statute treats the payment so made as a redemption of the property, and provides that the proceeds of the sale shall be first applied to repay the attaching creditor the amount paid by…
2Cases cited1 opinion
- Evans v. WarrenMassachusetts Supreme Judicial Court · 1877
3Cited by7 opinions
- Kilkus v. ShakmanMassachusetts Supreme Judicial Court · 1926
- Cox v. HarrisSupreme Court of Arkansas · 1897
- Moore v. CalvertSupreme Court of Oklahoma · 1899
- Stein v. McAuleySupreme Court of Iowa · 1910
- Bailey v. WilloughbySupreme Court of Oklahoma · 1912
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