Adams v. Wildes
Massachusetts Supreme Judicial Court
- Replevin of ironworker’s machinery, tools and materials , brought by the administrator of the estate of George Adams. The answer alleged property in the defendant.
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- Replevin of ironworker’s machinery, tools and materials , brought by the administrator of the estate of George Adams. The answer alleged property in the defendant. Writ dated November 15, 1867. Trial in the superior court, without a jury, before Rockwell, J., who found as facts, that Calvin Gay on November 13, 1866, by two mortgages, duly recorded, mortgaged the greater part of the property replevied and also other like property to George Adams; that Gay, without the consent of George Adams, used up or sold part of the mortgaged property, generally replenishing the stock when thus…
1Opinion of the CourtCoTiT, J.
The case was submitted to the court without a jury, and the judge submits the question whether the facts reported do in law justify his finding that the plaintiff was entitled to recover.
1. It is objected that the rotary pump was proved to have been, at the time it was mortgaged, the property of a third party, and that the defendant was therefore entitled to a judgment for its return. But under the circumstances here stated, this proof was not alone sufficient to support this claim. The pump was in the possession of Gay at the time it was mortgaged to the plaintiff’s intestate, he had the…
2Cited by20 opinions
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- Claflin & Co. v. Continental Jersey WorksSupreme Court of Georgia · 1890
- Ayre v. HixsonOregon Supreme Court · 1908
- Moors v. ReadingMassachusetts Supreme Judicial Court · 1897
- Ilfeld v. ZieglerSupreme Court of Colorado · 1907
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