Dodd v. Adams
Massachusetts Supreme Judicial Court
Tort for the conversion of eight tons of hay. The defendant, a deputy sheriff, justified by reason of the taking of the hay, as the property of Thomas Dodd, the plaintiff’s husband, on a writ of execution issued by a district court in favor of one Church. At the trial in the Superior Court, before Brigham, C. J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions, the material parts of which appear in the opinion.
1Opinion of the CourtLord, J.
In this case the plaintiff’s counsel requested the court to instruct the jury that “ although the jury should find that the conveyance of the real estate by the husband for a valuable consideration, through the intervention of a third person to his wife, the plaintiff, it would not render the hay, cut on such real estate by the plaintiff, and put into her barn, liable to attachment and sale on execution" by a subsequent creditor of her husband.” The defendant’s counsel makes the point that “ the instruction asked by the plaintiff, by mistake or otherwise, is not intelligible, and for this…
2Cited by2 opinions
- Plimpton v. GoodellMassachusetts Supreme Judicial Court · 1887
- Hannaford v. Charles River Trust Co.Massachusetts Supreme Judicial Court · 1924