Mellen v. Baldwin
Massachusetts Supreme Judicial Court
This was a replevin of two horses, sued against Baldwin, who is named in the writ a deputy sheriff for the county oí Hampshire, and who, it was agreed, had attached them in an action against other parties than the present plaintiffs. September term, 1807, the death of the defendant being suggested on the record, John Baldwin, administrator of the estate of the deceased, moved the Court that he might be admitted to take upon him the defence of this action.
1Opinion of the Court
The cause stood continued for advisement, and now, at this term, the opinion of the Court was delivered to the following effect by
Parsons, C. J.
It appears from the writ, and the suggestion on the record which is admitted, that the plaintiffs had replevied the chattels described in the writ from the possession of the original defendant, who had attached them, at the suit of the creditor, as the property of his debtor, who was not either of the plaintiffs. It further appears that, pending the suit, the original defendant, who is described in the writ as a deputy sheriff, died, and that John…
2Cited by16 opinions
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