Legal Opinion

Ilsley v. Stubbs

Massachusetts Supreme Judicial Court

Decided May 15, 1809PublishedCited by 35 opinions

In replevin, the defendant at the term of the Common Pleas, when the writ was returnable, pleaded in abatement of the writ and declaration, alleging that, before the commencement of this action, he, the said Stubbs, sued a writ of replevin in due form of law for the same goods and chattels, described in the present writ, which goods and chattels were then in the possession of one Jonathan Lund, then arid ever since a deputy sheriff of this county; and the said Stubbs…

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In replevin, the defendant at the term of the Common Pleas, when the writ was returnable, pleaded in abatement of the writ and declaration, alleging that, before the commencement of this action, he, the said Stubbs, sued a writ of replevin in due form of law for the same goods and chattels, described in the present writ, which goods and chattels were then in the possession of one Jonathan Lund, then arid ever since a deputy sheriff of this county; and the said Stubbs delivered his said writ to one Jonathan Sparrow, then and now a coroner for the county, to be served according to law, who, by…

1Opinion of the Court

The action being continued nisi for advisement, at the following term of this Court holden at Lenox, the opinion of the Court was delivered by

Parsons, C. J.

The defendant, to support his plea, has argued that replevin at common law does not lie, unless where goods are taken by distress as a pledge.

It is true that, anciently, replevin was generally sued out to replevy cattle taken by distress as a pledge; but in fact, replevin lies for him who has the general or special property in chattels, against him who has wrongfully taken them, (a) But chattels in the custody of the law cannot at common…

2Cases cited3 opinions

  1. Thompson v. ButtonNew York Supreme Court · 1817
  2. President of the Portland Bank v. StubbsMassachusetts Supreme Judicial Court · 1810
  3. Clark v. SkinnerNew York Supreme Court · 1823

3Cited by35 opinions

  1. Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
  2. Marshall v. DavisNew York Supreme Court · 1828
  3. Baker v. FalesMassachusetts Supreme Judicial Court · 1819
  4. Mohr v. LanganSupreme Court of Missouri · 1901
  5. Pitts Sons' Manufacturing Co. v. Commercial National BankIllinois Supreme Court · 1887

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