Hawes v. Weeden
Massachusetts Supreme Judicial Court
Replevin to recover certain furniture and school furnishings used in the New Bedford Business University conducted - by one Mary A. Chase and attached by the defendant, a deputy sheriff, as the property of Chase. Writ dated January 31, 1899. The plaintiff claimed the property under a bill of sale from Chase.
Read the full summary
Replevin to recover certain furniture and school furnishings used in the New Bedford Business University conducted - by one Mary A. Chase and attached by the defendant, a deputy sheriff, as the property of Chase. Writ dated January 31, 1899. The plaintiff claimed the property under a bill of sale from Chase. The amended answer alleged, that at the time of the attachment neither the defendant nor the plaintiff in the action in which the attachment was made had any knowledge of any mortgage, bill of sale or incumbrance of or on the property attached, that the bill of sale held by the plaintiff…
1Opinion of the CourtKnowlton, J.
The bill of sale from Mary A. Chase to the plaintiff, with the accompanying agreement permitting a redemption of the property described in it, and the formal deliv*108cry of the property, constitute either a pledge or a mortgage. Moors v. Reading, 167 Mass. 322. Whichever it was, the plaintiff has no rights under it that can avail him as against an attaching creditor of Mary A. Chase, for the instrument was not recorded, and possession of the property was not retained by him. Pub. Sts. c. 192, § 1. Potter v. Boston Locomotive Works, 12 Gray, 154. Moors v. Reading, ubi supra.
The only question much…
2Cases cited11 opinions
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Kellogg v. TompsonMassachusetts Supreme Judicial Court · 1886
- Spooner v. CummingsMassachusetts Supreme Judicial Court · 1890
- Moors v. ReadingMassachusetts Supreme Judicial Court · 1897
- Reeve v. DennettMassachusetts Supreme Judicial Court · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Guaranty Security Corp. v. Eastern Steamship Co.Massachusetts Supreme Judicial Court · 1922
- Warner v. BrownMassachusetts Supreme Judicial Court · 1918
- Goodrich v. DoreMassachusetts Supreme Judicial Court · 1907
- Wolf v. RussellIndiana Court of Appeals · 1914