Ashcroft v. Simmons
Massachusetts Supreme Judicial Court
Replevin of furniture. At the trial in the Superior Court, before Blodgett, J., there was evidence tending to show that the plaintiff was the mortgagee of the property, and entitled to its immediate possession under a duly recorded mortgage, and that subsequently to the recording of the mortgage the property was attached by the defendant, who was a constable of the city of Boston, as the property of the mortgagor, by virtue of a writ wherein the mortgagor was named as the…
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Replevin of furniture. At the trial in the Superior Court, before Blodgett, J., there was evidence tending to show that the plaintiff was the mortgagee of the property, and entitled to its immediate possession under a duly recorded mortgage, and that subsequently to the recording of the mortgage the property was attached by the defendant, who was a constable of the city of Boston, as the property of the mortgagor, by virtue of a writ wherein the mortgagor was named as the sole defendant. The plaintiff offered evidence that subsequently to the execution of the mortgage, and before the…
1Opinion of the CourtField, C. J.
The exceptions recite that the plaintiff “ had a valid title, and the right of possession under a duly recorded mortgage.” The defendant is a constable, who, after the mortgage had been recorded, attached the property, “ as the property of ■ the mortgagor, by virtue of a writ wherein the mortgagor was named as sole defendant.” The court found for the defendant “ solely on the ground that no demand was made upon the defendant by the plaintiff as mortgagee, after the goods replevied were attached by the defendant.” See Pub. Sts. c. 161, §§ 74, 75. _
_ The plaintiff “offered evidence tending to…
2Cases cited5 opinions
- Prout v. RootMassachusetts Supreme Judicial Court · 1875
- Copp v. WilliamsMassachusetts Supreme Judicial Court · 1883
- Sherman v. DavisMassachusetts Supreme Judicial Court · 1884
- Leonard v. HairMassachusetts Supreme Judicial Court · 1882
- Crocker v. AtwoodMassachusetts Supreme Judicial Court · 1887
3Cited by2 opinions
- Atlantic Finance Corp. v. GalvamMassachusetts Supreme Judicial Court · 1942
- Clarke & White, Inc. v. FitzgeraldMassachusetts District Court, Appellate Division · 1954