Boyd v. Brown
Massachusetts Supreme Judicial Court
Trespass against the defendant, who was a deputy sheriff, for taking and carrying away a schooner called the Bashaw, alleged to be the property of the plaintiff. The defendant pleaded the general issue, and filed a brief statement setting forth, that he attached the vessel as the property of Warren Averill, at the suit of John Stone.
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Trespass against the defendant, who was a deputy sheriff, for taking and carrying away a schooner called the Bashaw, alleged to be the property of the plaintiff. The defendant pleaded the general issue, and filed a brief statement setting forth, that he attached the vessel as the property of Warren Averill, at the suit of John Stone. At the trial, before Morton J., it appeared, that on March 9 1831 ^ the plaintiff sold three fourths of the vessel to Averill, and one fourth to one Lakeman and one Butler, for the sum of 01400 ; that Averill gave his note for 01050 to the plaintiff for his part,…
1Opinion of the Court
Wilde J.-
delivered the opinion of the Court. This was an action of trespass against the defendant, a deputy sheriff, for taking and carrying away the plaintiff’s vessel ; and the defendant justifies the taking, under a writ of attachment against Warren Averill. On the trial several questions of law • were raised relating to the validity of the plaintiff’s title, which have been ably argued, and the decision of the Court thereon I will now briefly state.
Previous to the 9th of March, 1831, the plaintiff was the owner of the vessel in question, but on that day he sold the same to Warren Averill,…
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