Ashcroft v. Simmons

This is an action of replevin by a mortgagee of the chattels in question against an officer who made a valid attachment of them. Within a reasonable time the plaintiff gave a written demand and statement to the defendant, and the question is whether it was “ a just and true account of the debt or demand for which the property is liable to him,” within the Pub. Sts. c. 161, § 75. At the trial, the presiding judge ruled that it was insufficient; and the plaintiff excepted.

The mortgage was given by one Bird to secure his note for *498thirty-five hundred dollars, and also to secure Bird's performance…