Loomis v. Lewis
Massachusetts Supreme Judicial Court
Tort for the conversion of a quantity of wood. The defendant, a deputy sheriff, justified under an execution against one Atkins, by virtue of which he took and sold the wood as the property of Atkins. At the trial in the Superior Court, before Rockwell, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtW. Allen, J.
Mortgaged personal property was sold on an execution against the mortgagor. The plaintiff, claiming under a fraudulent sale from the mortgagor, stands in his place'; and the question is whether the property was liable to be taken and sold on the execution.
Personal property subject to a mortgage cannot be taken on execution against the mortgagor, except in a suit in which it has been attached on mesne process. Lyon v. Coburn, 1 Cush. 278. Leonard v. Hare, 133 Mass. 455. The Pub. Sts. c. 161, §§ 71— 83, provide for the attachment on mesne process of such property, but there is no express…
2Cases cited3 opinions
- Jackson v. ColcordMassachusetts Supreme Judicial Court · 1873
- Furber v. DearbornMassachusetts Supreme Judicial Court · 1871
- Leonard v. HairMassachusetts Supreme Judicial Court · 1882
3Cited by1 opinion
- Springfield Acceptance Co. v. LarounisMassachusetts District Court, Appellate Division · 1940