Jacobs v. Denison
Massachusetts Supreme Judicial Court
Replevin of certain personal property. Trial in the Superior Court, before BarJcer, J., who reported the case for the determination of this court, in substance as follows: Both parties claimed title to the property in question under one William J. Hall, formerly proprietor of a dining-room on Chauncy Street, in Boston, in which the articles were used.
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Replevin of certain personal property. Trial in the Superior Court, before BarJcer, J., who reported the case for the determination of this court, in substance as follows: Both parties claimed title to the property in question under one William J. Hall, formerly proprietor of a dining-room on Chauncy Street, in Boston, in which the articles were used. It-appeared in evidence that, in 1873, Hall, desiring to enlarge his business, applied to one Joy for money, and, on November 29, 1873, gave Joy an agreement in writing, stipulating that, upon the completion of the contemplated repairs and…
1Opinion of the CourtHolmes, J.
Both parties agree that the certificate of the city clerk upon the original mortgage from Hall to Joy, that it had been recorded, was conclusive, and could not be impeached by proof of a discrepancy between the copy in the registry and the original. Ames v. Phelps, 18 Pick. 314. Fuller v. Cunningham, 105 Mass. 442. Adams v. Pratt, 109 Mass. 59. Chapin v. Kingsbury, 138 Mass. 194, 196. They also agree that it is to be “ considered as recorded at the time when left for the purpose in the clerk’s office.” Gen. Sts. e. 151, § 3 (Pub. Sts. c. 192, § 4). It may be doubtful whether more need be said…
2Cases cited5 opinions
- Fowler v. MerrillSupreme Court of the United States · 1851
- Fuller v. CunninghamMassachusetts Supreme Judicial Court · 1870
- Adams v. PrattMassachusetts Supreme Judicial Court · 1871
- Chapin v. KingsburyMassachusetts Supreme Judicial Court · 1884
- Stonebreaker v. KerrIndiana Supreme Court · 1872