Citizens' National Bank v. Oldham
Massachusetts Supreme Judicial Court
Replevin of six United States mail wagons. Writ dated October 27,1881. After the former decision, reported 136 Mass. 515, the defendant, on March 5, 1884, remitted all but nominal damages, and thereupon, on March 10,1884, moved, in the Superior Court, for judgment for a return of the replevied property.
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Replevin of six United States mail wagons. Writ dated October 27,1881. After the former decision, reported 136 Mass. 515, the defendant, on March 5, 1884, remitted all but nominal damages, and thereupon, on March 10,1884, moved, in the Superior Court, for judgment for a return of the replevied property. Hearing upon this motion, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: The defendant is a deputy sheriff, and seized and held the wagons as the property of Hiram Littlefield, by attachment under a writ dated October 10, 1881, against Littlefield. The…
1Opinion of the CourtGardner, J.
The plaintiff concedes that the mortgage given by Littlefield was not recorded as required by the Gen. Sts. c. 151, § 1, which, among other things, provide that “ unless a mortgage is so recorded, or the property mortgaged is delivered to and retained by the mortgagee, it shall not be valid against any person other than the parties thereto.” In order to show that there was an existing mortgage which would prevail against the defendant, the plaintiff must prove that the property mortgaged was “ delivered to and retained by the ” plaintiff. The property was within the exclusive possession and…
2Cases cited1 opinion
- Carpenter v. SnellingMassachusetts Supreme Judicial Court · 1867
3Cited by1 opinion
- Peaks v. SmithSupreme Judicial Court of Maine · 1908