Ladd v. Billings
Massachusetts Supreme Judicial Court
This was a writ of replevin of certain articles of merchandise, of which the plaintiff claimed the possession, and which had been attached by the defendant, a deputy sheriff of this county, as the property of one William, Ladd, who, when said attachment was made, had been several weeks absent on a journey. The cause was tried before the Chief Justice.
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This was a writ of replevin of certain articles of merchandise, of which the plaintiff claimed the possession, and which had been attached by the defendant, a deputy sheriff of this county, as the property of one William, Ladd, who, when said attachment was made, had been several weeks absent on a journey. The cause was tried before the Chief Justice. The plaintiff, in support of his demand, produced the invoice and bill, of lading of the said merchandise ; which were in common form, and stated the same to have been shipped on the joint account and risk of the plaintiff and the said William,…
1Opinion of the CourtParker, C. J.
The plaintiff cannot maintain this action, unless he prove general or special property of the chattels replevied, solely in himself. For, as tenant in common with William Ladd, he cannot bring replevin; the offi cer having a- right to the whole of the goods under his attachment, to keep the same until execution come. (2) The plaintiff claims only a special property ; and this he would derive from the fact of his having entered the goods, and secured the duties upon them, in the custom-house ; he being principal in the bonds, and having paid the duties as they became due.
But we are of opinion…
2Cases cited3 opinions
- Hart v. FitzgeraldMassachusetts Supreme Judicial Court · 1807
- Gardner v. DutchMassachusetts Supreme Judicial Court · 1812
- Page v. WeeksMassachusetts Supreme Judicial Court · 1816
3Cited by6 opinions
- Hart v. FitzgeraldMassachusetts Supreme Judicial Court · 1807
- Fay v. DugganMassachusetts Supreme Judicial Court · 1883
- D'Wolf v. HarrisU.S. Circuit Court for the District of Massachusetts · 1827
- Hackett v. PotterMassachusetts Supreme Judicial Court · 1881
- Brown v. RavenscraftCourt of Appeals of Maryland · 1898
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