Stirk v. Hamilton
Supreme Judicial Court of Maine
On motion and exceptions. This was an action of trover, brought by Albert Stirk of Boston, against the sheriff of York county for the conversion of a lot of circus property by one of his deputies who had attached the goods on a writ in favor of one Yates against one Wood. The plaintiff claimed title by two mortgages designated in the trial, one as the "Boston mortgage,” the other as the "Biddeford mortgage.”
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On motion and exceptions. This was an action of trover, brought by Albert Stirk of Boston, against the sheriff of York county for the conversion of a lot of circus property by one of his deputies who had attached the goods on a writ in favor of one Yates against one Wood. The plaintiff claimed title by two mortgages designated in the trial, one as the "Boston mortgage,” the other as the "Biddeford mortgage.” He gave forty-eight hours written notice of his claim and the true amount thereof to the attaching officer before bringing this action. The jury found for the defendant, and the plaintiff…
1Opinion of the CourtWalton, J.
This is an action of trover against an officer for property attached on a writ. At a trial in the court below, the jury returned a verdict for the defendant, and the case is before the law court on motion and exceptions by the plaintiff.
The property attached was a part of the outfit of a circus company, and the plaintiff claimed title to it by virtue of two mortgages, one made in Boston and the other in Biddeford. The validity of the mortgages was denied on the ground that neither of them had been legally recorded.
The mortgage made in Biddeford had been there recorded ; but the defendant…
2Cited by2 opinions
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