Weeks v. Gibbs
Massachusetts Supreme Judicial Court
Replevin for sundry chattels mentioned in the writ, which were seized by the defendant, as a deputy sheriff, upon an execution, which issued July 6, 1809, on a judgment recovered in the Court of Common Pleas for this county, at the preceding June term, by Abraham F. Fuller, against the goods and estate of James Lombard, deceased, in the hands of Bethiah Lombard, administratrix of the said James Lombard.
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Replevin for sundry chattels mentioned in the writ, which were seized by the defendant, as a deputy sheriff, upon an execution, which issued July 6, 1809, on a judgment recovered in the Court of Common Pleas for this county, at the preceding June term, by Abraham F. Fuller, against the goods and estate of James Lombard, deceased, in the hands of Bethiah Lombard, administratrix of the said James Lombard. The said Bethiah afterwards intermarried with the plaintiff, and before the 20th of September in the same year; on which day the said Gibbs seized the said chattels in execution ; the same…
1Opinion of the CourtSewall, J.
The goods in question were liable to the execution of Fuller, the judgment creditor of the intestate, and were properly seized by the defendant, unless the administratrix had acquired a property in them in consequence of her having settled an account with the judge of probate, in which she had charged herself with the value, as ascertained by the appraisement. If she did so acquire a property in them, they became the plaintiff’s on his intermarriage with hei, and he has rightfully replevied them.
But we are all of opinion that the mere act of charging herself with the appraised value of these…
2Cases cited1 opinion
- Clark v. MayMassachusetts Supreme Judicial Court · 1814
3Cited by14 opinions
- Lathrop v. MerrillMassachusetts Supreme Judicial Court · 1910
- Foster v. BaileyMassachusetts Supreme Judicial Court · 1892
- Winchell v. SangerSupreme Court of Connecticut · 1900
- Marvel v. BabbittMassachusetts Supreme Judicial Court · 1887
- Swift v. CobbSupreme Court of Vermont · 1838
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