Rogers v. Abbott

Personal property in the possession of the principal defendants, but subject to a mortgage to Samuel L. Parsons, was attached by the plaintiff, and under the provisions of the statute Parsons was summoned in the same action as trustee of the defendants. Gen. Sts. o. 123, §§ 67—71.

The validity of the mortgage was established by the verdict of the jury in a trial on issues framed by the court. It is made the duty of the court, in such case, to ascertain the amount due, and to fix a time within which the attachment shall become void and the property be restored, unless the plaintiff pays or…