Hackett v. Potter
Massachusetts Supreme Judicial Court
Replevin of seven eighths of a schooner, attached by the defendant, a deputy sheriff,'as the property of Valentine Doane, Jr., upon a writ against him in favor of D. Crowell and another. Trial in the Superior Court, before Gardner, J., who directed a ■verdict for the plaintiff; and reported the case for the determination of this court.
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Replevin of seven eighths of a schooner, attached by the defendant, a deputy sheriff,'as the property of Valentine Doane, Jr., upon a writ against him in favor of D. Crowell and another. Trial in the Superior Court, before Gardner, J., who directed a ■verdict for the plaintiff; and reported the case for the determination of this court. If the plaintiff was entitled to recover, judgment was to be entered on the verdict; otherwise, the verdict was to be set aside and judgment entered for the defendant, or a new trial ordered, as the court might determine. The facts material to the point decided…
1Opinion of the CourtSoule, J.
This action cannot be maintained. It appears from the declaration that the plaintiff does not claim property in the whole schooner, and that he has attempted to replevy only a fractional part of it. It was decided in Hart v. Fitzgerald, 2 Mass. 509, that a part-owner of a chattel cannot maintain replevin for his undivided part, and that if it appear from his own showing that he is but part-owner, the court will abate the writ, ex officio. The doctrine of that case has been reiterated in several later cases, and it has never been doubted nor overruled. Gardner v. Dutch, 9 Mass. 427. Ladd v.…
2Cases cited3 opinions
- Hart v. FitzgeraldMassachusetts Supreme Judicial Court · 1807
- Gardner v. DutchMassachusetts Supreme Judicial Court · 1812
- Ladd v. BillingsMassachusetts Supreme Judicial Court · 1818
3Cited by9 opinions
- Fay v. DugganMassachusetts Supreme Judicial Court · 1883
- Gordon v. City of MedfordMassachusetts Supreme Judicial Court · 1954
- Hackett v. PotterMassachusetts Supreme Judicial Court · 1883
- Brown v. RavenscraftCourt of Appeals of Maryland · 1898
- American Packing Co. v. LuketaWashington Supreme Court · 1917
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