Ludden v. Leaviti
Massachusetts Supreme Judicial Court
Trover for a yoke of oxen and a horse. The case came before the Court upon an agreed statement of facts, from which it appears that the chattels mentioned in the declaration were originally the property of the defendant, and being attached by one Blake, a deputy of the sheriff of the county of Oxford, in which county this action originated, on a writ in favor of one Blossom against Leavitt, this latter requested Ludden, his next neighbor, to become responsible to the officer…
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Trover for a yoke of oxen and a horse. The case came before the Court upon an agreed statement of facts, from which it appears that the chattels mentioned in the declaration were originally the property of the defendant, and being attached by one Blake, a deputy of the sheriff of the county of Oxford, in which county this action originated, on a writ in favor of one Blossom against Leavitt, this latter requested Ludden, his next neighbor, to become responsible to the officer for the chattels attached, which he did by giving the officer a written receipt for them, with a promise to deliver…
1Opinion of the Court
Curia.
It is unnecessary to go into an inquiry whether the juggling between the plaintiff and defendant in the present action gave any equitable claims to one against the other; since there is a general principle, which will decide this action and all others similar to it, of which there are many in various parts of the commonwealth.
It appears, from the agreement of the parties, that the only right acquired by the plaintiff over the property in contest was by delivery of it by the deputy sheriff to him for safe keeping. This did not constitute him a bailiff of the property, but a mere servant…
2Cases cited3 opinions
- Commonwealth v. MorseMassachusetts Supreme Judicial Court · 1817
- Waterman v. RobinsonMassachusetts Supreme Judicial Court · 1809
- Bond v. PadelfordMassachusetts Supreme Judicial Court · 1816
3Cited by21 opinions
- Mitchell v. Georgia & Alabama RailwaySupreme Court of Georgia · 1900
- Butts v. CollinsCourt for the Trial of Impeachments and Correction of Errors · 1834
- Ladd v. NorthMassachusetts Supreme Judicial Court · 1807
- Commonwealth v. MorseMassachusetts Supreme Judicial Court · 1817
- State Ex Rel. Matko v. ZieglerWest Virginia Supreme Court · 1971
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