Strickland v. Fitzgerald
Massachusetts Supreme Judicial Court
This was a bill in equity, under the Rev. Sts. c. 81, § 8, to compel the delivery of a mare, detained from the plaintiff, and secreted so that she could not be replevied.
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This was a bill in equity, under the Rev. Sts. c. 81, § 8, to compel the delivery of a mare, detained from the plaintiff, and secreted so that she could not be replevied. The bill set forth, that the plaintiff, on the 3d of April, 1851, was the owner of a certain bay mare of great value, to wit, of the value of five hundred dollars, which mare was then in the possession of David Fitzgerald, of Chicopee, and that the plaintiff then demanded the mare, of Fitzgerald, at Chicopee, and that he then and there refused to deliver the same to the plaintiff", but illegally and unjustly detained the…
1Opinion of the CourtDewey, J.
This bill is filed under the provisions of Rev. Sts. c. 81, § 8, authorizing a suit in equity “ to compel the redelivery of any goods and chattels, taken or detained from the owner thereof, and secreted or withheld, so that the same cannot be replevied.”
The plaintiff in his bill alleges that he was the owner of a certain bay mare which came into the possession of the defendant, who illegally and unjustly detains her, although the plaintiff" has a right to the possession thereof. This is accompanied with the other proper averments that he cannot cause the same to be replevied, and that the…
2Cases cited1 opinion
- Lytle v. LytleCourt of Appeals of Kentucky · 1859