Hoar v. Tilden
Massachusetts Supreme Judicial Court
Tort by an assignee in insolvency against a deputy sheriff for the alleged conversion of certain chattels and money seized on execution by the defendant.
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Tort by an assignee in insolvency against a deputy sheriff for the alleged conversion of certain chattels and money seized on execution by the defendant. Writ dated May 15, 1897. At the trial in the Superior Court, before Blodgett, J., the following facts appeared in evidence: In September, 1896, one Auffmordt and others brought an action of contract against one Mary E. Moore, and attached all her right, title and interest in any real estate in the county of Suffolk, and on the first Monday of March, 1897, recovered judgment in the action. On March 18, 1897, said Auffmordt and others, having…
1Opinion of the CourtKnowlton, J.
The plaintiff rests his principal claim upon a contention that an officer, levying an execution on property of the debtor, cannot levy on real estate and personal chattels, and proceed to enforce the execution against both kinds of property at the same time. The English practice, under which a creditor in collecting a judgment must procure separate writs adapted to the enforcement of the judgment in different ways, — a copias ad faciendum if he would proceed against the body of the debtor, & fieri facias if he would levy upon chattels, and an elegit if he would take lands, — does not prevail…
2Cases cited3 opinions
- White v. HillMassachusetts Supreme Judicial Court · 1889
- Morgan v. AbbottMassachusetts Supreme Judicial Court · 1889
- Steel Edge Stamping & Retinning Co. v. Manchester Savings BankMassachusetts Supreme Judicial Court · 1895
3Cited by4 opinions
- Miller v. LondonMassachusetts Supreme Judicial Court · 1936
- Brazill v. GreenMassachusetts Supreme Judicial Court · 1920
- Petralia v. 145 Marston St., Inc. (In re Petralia)United States Bankruptcy Court, D. Massachusetts · 2016
- Plympton's CaseMassachusetts Supreme Judicial Court · 1907