Furber v. Dearborn
Massachusetts Supreme Judicial Court
Replevin of household furniture. Writ dated and served March 11, 1870. At the trial in the superior court, before Lord, J., it appeared that the replevied goods belonged to Manly B. Witherell, and were by him mortgaged to the plaintiff, and after-wards attached by the defendant, who was a deputy of the sheriff of Suffolk, on two writs against Witherell, in which the plaintiff was summoned as trustee.
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Replevin of household furniture. Writ dated and served March 11, 1870. At the trial in the superior court, before Lord, J., it appeared that the replevied goods belonged to Manly B. Witherell, and were by him mortgaged to the plaintiff, and after-wards attached by the defendant, who was a deputy of the sheriff of Suffolk, on two writs against Witherell, in which the plaintiff was summoned as trustee. It did not appear that any written demand was made upon this defendant before the commencement of the replevin suit. The two writs were duly returned at April term 1870 of the superior court. The…
1Opinion of the CourtMorton, J.
The plaintiff claims title to the replevied goods as mortgagee. The defendant, a deputy sheriff, attached them upon two writs in favor of creditors of the mortgagor in which the mortgagee was summoned as his trustee, under the provisions of the Gen. Sts. e. 123, §§ 67-71. The attaching creditors thus acquired the right to try the validity of the plaintiff’s mortgage, either by examining Mm under oath or by a trial by jury at their election, and tMs right is inconsistent with and excludes the right of the mortgagee to replevy the attached goods. Until the attachment is dissolved, either by a…
2Cases cited1 opinion
- Boynton v. WarrenMassachusetts Supreme Judicial Court · 1868
3Cited by6 opinions
- Shapiro v. Park Trust Co.Massachusetts Supreme Judicial Court · 1925
- Jackson v. ColcordMassachusetts Supreme Judicial Court · 1873
- Flanagan v. CutlerMassachusetts Supreme Judicial Court · 1876
- Emery v. SeaveyMassachusetts Supreme Judicial Court · 1889
- Banca Italiana Di Sconto v. Columbia Counter Co.Massachusetts Supreme Judicial Court · 1926
1 more not listed; retrieve them via the Exa API.