Paul v. Hayford
Supreme Judicial Court of Maine
Exceptions from the Eastern District Court, Allen J. presiding. Trespass for taking articles of personal property. It appeared, that one Sprague was the owner of the property, and had “ turned it out as security,” to Paul to secure him for becoming surety for him on a note ; that °Paul was obliged to pay the note; and that without making any conveyance back of the property, a mortgage of the same property was made, and duly recorded, to secure the plaintiff for the money so…
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Exceptions from the Eastern District Court, Allen J. presiding. Trespass for taking articles of personal property. It appeared, that one Sprague was the owner of the property, and had “ turned it out as security,” to Paul to secure him for becoming surety for him on a note ; that °Paul was obliged to pay the note; and that without making any conveyance back of the property, a mortgage of the same property was made, and duly recorded, to secure the plaintiff for the money so paid within one year. A formal delivery of the property was made each time, but it remained in the possession of Sprague…
1Opinion of the Court
The opinion of the Court was by
Shepley J.
— It appears, that Emery Sprague on the 24th day of December, 1840, conveyed to the plaintiff in mortgage certain personal property to secure the payment of one hundred and twenty-five dollars in one year from that time; and that the mortgage was duly recorded, and the property left in the possession of the mortgagor. Whatever rights the plaintiff might have had independently of it, he must be considered as waiving by taking the mortgage. This property was on the following day attached by Hayford on a writ against Sprague in favor of the other…
2Cited by2 opinions
- Ferguson v. CliffordSupreme Court of New Hampshire · 1858
- Cribb v. MorseWisconsin Supreme Court · 1891