Robbins v. Parker
Massachusetts Supreme Judicial Court
In replevin, the plaintiff declared of the taking and detaining of thirty tons of his hay. The defendant, a deputy sheriff, justified under a writ of attachment against Eli Robbins, as whose property he attached the hay, at the suit of Ward & Glover.
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In replevin, the plaintiff declared of the taking and detaining of thirty tons of his hay. The defendant, a deputy sheriff, justified under a writ of attachment against Eli Robbins, as whose property he attached the hay, at the suit of Ward & Glover. The trial was before the chief justice, who reported the case thus : The plaintiff gave in evidence a mortgage deed made to him by Eli Robbins, dated July 9th 1838, purporting to convey “ all the hay, grain and produce, now standing, being and growing on the farm now in the occupation of the said Eli Robbinst as well before the same is harvested,…
1Opinion of the CourtWilde, J.
This case, by the consent of the parties, has been submitted to the determination of the court, upon the facts and evidence reported ; the court being authorized to draw such inferences from the evidence, as the jury would be justified and bound to draw, if the case had been submitted to them. The plaintiff’s title to the goods replevied is derived from a mortgage deed to him from Eli Robbins, and the principal question is, whether this is a valid mortgage, or is fraudulent as against creditors ; the goods having been attached by the defendant, as the property of said Eli, the mortgagor.
The…
2Cited by1 opinion
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