Maguire v. Park
Massachusetts Supreme Judicial Court
Replevin, by the assignee in insolvency of Lawrence B. Norris, of a lot of machinery. The case was sent to an auditor, whose report was in substance as follows: The plaintiff claims title to the replevied articles as a part of the personal estate of the debtor.
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Replevin, by the assignee in insolvency of Lawrence B. Norris, of a lot of machinery. The case was sent to an auditor, whose report was in substance as follows: The plaintiff claims title to the replevied articles as a part of the personal estate of the debtor. The defendant is the owner of the real estate and building in which the replevied property was situated, and contends that the machinery was part of the realty, and passed to him by the deed by which he acquired title. The real estate, consisting of about twenty-five thousand feet of land in Woburn, with buildings thereon, was…
1Opinion of the CourtField, J.
The plaintiff is the assignee in insolvency of Lawrence B. Norris, and claims title under a mortgage of the machinery as personal property, given on September 18, 1875. The defendant claims title to the machinery under a mortgage of the land and building given on June 1, 1871. The engine, boiler, shafting, and a part of the machinery, were put in the building by the mortgagor before making this mortgage, and a part of the machinery was subsequently put in by Norris, who was the third mortgagee of the land and building, and took possession under and foreclosed his mortgage on June 22, 1877.…
2Cases cited4 opinions
- McConnell v. BloodMassachusetts Supreme Judicial Court · 1877
- Allen v. MooneyMassachusetts Supreme Judicial Court · 1881
- Hubbell v. East Cambridge Five Cents Savings BankMassachusetts Supreme Judicial Court · 1882
- Leonard v. StickneyMassachusetts Supreme Judicial Court · 1881
3Cited by10 opinions
- Mills v. Taunton Savings BankMassachusetts Supreme Judicial Court · 1890
- Stone v. LivingstonMassachusetts Supreme Judicial Court · 1915
- Commercial Credit Corp. v. GouldMassachusetts Supreme Judicial Court · 1931
- Jennings v. VaheyMassachusetts Supreme Judicial Court · 1903
- Automatic Sprinkler Corp. v. RosenMassachusetts Supreme Judicial Court · 1927
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