Buck v. Ingersoll
Massachusetts Supreme Judicial Court
Replevin of divers goods attached by the defendant on a writ sued out by Israel Billings against the Ashuelot Manufacturing Company. At the trial in the court of common pleas, before Washburn J. the plaintiffs claimed a part of said goods, viz. to the amount of $2374-49, by virtue of a mortgage ; and the residue, viz. to the amount of $1993-59, by virtue of a written agreement and oral arrangement.
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Replevin of divers goods attached by the defendant on a writ sued out by Israel Billings against the Ashuelot Manufacturing Company. At the trial in the court of common pleas, before Washburn J. the plaintiffs claimed a part of said goods, viz. to the amount of $2374-49, by virtue of a mortgage ; and the residue, viz. to the amount of $1993-59, by virtue of a written agreement and oral arrangement. The mortgage (which was recorded on the 28th of June 1842) and the written agreement were made at the same time, and were as follows: “ Know all men by these presents, that the Ashuelot…
1Opinion of the CourtHubbard, J.
The Rev. Sts. c. 90, §§ 78, 79, make no distinction between personal property mortgaged and personal property pledged. In either case, it is subject to attachment by a creditor of the mortgagor or pawnor, which attachment shall be dissolved by the mortgagee or pawnee demanding the amount for which the property is liable on the mortgage or pledge, if the same is not paid or tendered within twenty four hours after such demand. So far, therefore, as the question of notice and demand arises in this case, it is unimportant to determine whether the first instrument of June 13th 1842 is to be taken…
2Cases cited1 opinion
- Chapman v. CloughSupreme Court of Vermont · 1834