Brown v. Wallis
Massachusetts Supreme Judicial Court
Replevin of certain fixtures and chattels, which were at the time they were replevied in a store numbered 49 Lincoln Street, Boston. Trial in the Superior Court, before Devens, J., who allowed a bill of exceptions in substance as follows: On October 1, 1870, the defendant, who was the owner of the store in question, made a written lease of it to one William J. Cain, who entered under the lease, and placed in the store the fixtures and other chattels replevied.
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Replevin of certain fixtures and chattels, which were at the time they were replevied in a store numbered 49 Lincoln Street, Boston. Trial in the Superior Court, before Devens, J., who allowed a bill of exceptions in substance as follows: On October 1, 1870, the defendant, who was the owner of the store in question, made a written lease of it to one William J. Cain, who entered under the lease, and placed in the store the fixtures and other chattels replevied. On March 13, 1871, while continuing to occupy the store under the lease, he executed and delivered a bill of sale to Granville Wilder…
1Opinion of the CourtColt, J.
The sheriff was required by the plaintiffs’ writ to replevy certain personal property and fixtures therein named, one item of which is described as “ one counting-room,” in the possession of the defendant..
This property was originally placed in the defendant’s store by the tenant under a written lease from the defendant. The tenant transferred his title to all of it as it is claimed by bill of sale to a third person under whom the plaintiffs claim title.
At the time of the service of the writ the case finds that this counting-room, so called, was securely fastened to the floor and wall against…
2Cases cited2 opinions
- Cresson v. StoutNew York Supreme Court · 1819
- Guthrie v. JonesMassachusetts Supreme Judicial Court · 1871
3Cited by9 opinions
- Trabue Pittman Corp. v. County of Los AngelesCalifornia Supreme Court · 1946
- Looney v. Trimount Theatres, Inc.Massachusetts Supreme Judicial Court · 1933
- Daggett v. DaggettMassachusetts Supreme Judicial Court · 1887
- Smith v. Bay State Savings BankMassachusetts Supreme Judicial Court · 1909
- Schmidt v. MussonSouth Dakota Supreme Court · 1906
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