Chase v. Ingalls
Massachusetts Supreme Judicial Court
Tort for the conversion of certain furniture. The answer contained a general denial, and alleged that the furniture was attached by the defendant, as a deputy of the sheriff of Suffolk, by virtue of a writ against Alexander M. Munroe.
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Tort for the conversion of certain furniture. The answer contained a general denial, and alleged that the furniture was attached by the defendant, as a deputy of the sheriff of Suffolk, by virtue of a writ against Alexander M. Munroe. At the trial in the Superior Court, before Grardner, J., the plaintiff proved a demand upon the officer more than ten days before bringing the action; and put in evidence a mortgage upon the furniture given him by Munroe, dated May 27, 1875, and .recorded on May 28, 1875, upon which the plaintiff based his title to the property; and which was admitted by the…
1Opinion of the Court
By the Court.
Munroe had the legal possession, and a right in the property, which he might convey. Currier v. Knapp, 117 Mass. 324. His mortgage passed to the plaintiff that right of property, with a corresponding right of possession, which was good as against Munroe, and against any one attaching the property as his. Harrington v. King, 121 Mass. 269.
Exceptions overruled.
2Cases cited2 opinions
- Harrington v. KingMassachusetts Supreme Judicial Court · 1876
- Currier v. KnappMassachusetts Supreme Judicial Court · 1875
3Cited by16 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Knudson v. General Motorcycle Sales Co.Massachusetts Supreme Judicial Court · 1918
- Dame v. C. H. Hanson & Co.Massachusetts Supreme Judicial Court · 1912
- Cutting v. WhittemoreSupreme Court of New Hampshire · 1903
- Glaspy v. CabotMassachusetts Supreme Judicial Court · 1883
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