Amerige v. Hussey
Massachusetts Supreme Judicial Court
Replevin of personal property. Trial in the Superior Court, without a jury, before Mason, J., who allowed a bill of exceptions, which, so far as material to the point decided, was as follows.
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Replevin of personal property. Trial in the Superior Court, without a jury, before Mason, J., who allowed a bill of exceptions, which, so far as material to the point decided, was as follows. The property in question was mortgaged by the owner by a deed which recited as its date September 3, 1885, but which was recorded in the town clerk’s office in Revere, as appeared by his certificate indorsed thereon, on September 2, 1885. The plaintiff, who claimed title as an assignee of the mortgage, requested the judge to rule, among other things, that the words of the St. of 1883, c. 73, “ shall be…
1Opinion of the CourtW. Allen, J.
The Pub. Sts. c. 192, § 1, relating to mortgages of personal property, contain the words, “ Unless a mortgage is recorded as aforesaid within fifteen days after the date thereof, . . . the mortgage shall not be valid against any person other than the parties thereto.” The St. of 1883, c. 73, reenacted the Pub. Sts. c. 192, §§ 1, 2, in terms, except the above, *301and in lieu thereof § 1 is made to contain the words, “Every mortgage of personal property shall be recorded within fifteen days from the date written in such mortgage,” and § 2 to read, “ Until a mortgage of personal property has been…
2Cases cited1 opinion
- Shaughnessey v. LewisMassachusetts Supreme Judicial Court · 1881
3Cited by3 opinions
- Old Colony Trust Co. v. Medfield & Medway Street Railway Co.Massachusetts Supreme Judicial Court · 1913
- Berry v. LevitanMassachusetts Supreme Judicial Court · 1902
- In re JenningsDistrict Court, D. Massachusetts · 1922