Putnam v. Dutch
Massachusetts Supreme Judicial Court
This was a writ of replevin, by which the plaintiff replevied the sloop Lydia and her appurtenances.—The defendant pleaded property in one Edward Allen, and avowed the taking, &c., by virtue of a writ of attachment against the said Allen, at the suit of Thomas Webb and John Beadle, served by the defendant as a deputy sheriff. — The pleadings closed in an issue to the country upon the property of the plaintiff; and a verdict was taken for the plaintiff, subject to the opinion…
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This was a writ of replevin, by which the plaintiff replevied the sloop Lydia and her appurtenances.—The defendant pleaded property in one Edward Allen, and avowed the taking, &c., by virtue of a writ of attachment against the said Allen, at the suit of Thomas Webb and John Beadle, served by the defendant as a deputy sheriff. — The pleadings closed in an issue to the country upon the property of the plaintiff; and a verdict was taken for the plaintiff, subject to the opinion of the Court on the report of Sewall, J., before whom the cause was tried at the sittings here after the last November…
1Opinion of the Court
Sedgwick, J.s
delivered the opinion of the Court.
In this case it is very clear that the bill of sale from Allen to the plaintiff, being upon sufficient consideration, was valid as between the parties to the instrument. The only question is. whether it be so against bona fide creditors of Allen, such as Webb and Beadle, under a process issuing in whose favor the defendant claims to hold, are admitted to be.
The conveyance of the sloop Lydia from Allen to the plaintiff was not absolute, but conditional, by way of mortgage, with a power to sell, to secure him against certain liabilities which he…
2Cited by15 opinions
- Brooks v. MarburySupreme Court of the United States · 1826
- Meade v. SmithSupreme Court of Connecticut · 1844
- Bissell v. HopkinsNew York Supreme Court · 1824
- Lanfear v. SumnerMassachusetts Supreme Judicial Court · 1821
- Burrows v. StoddardSupreme Court of Connecticut · 1820
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