Dahill v. Booker

This was an action of tort in the nature of trover. The defendant put in evidence to disprove the conversion. It also appeared that one Wheeler, a mortgagee of the goods, took possession of them, nearly a year and a half after this action was begun, for breach of condition, and transferred all but certain articles to the defendant to pay him for storage of the same for the previous year. Wheeler did not file notice in the town clerk’s office of his intention to foreclose until some time afterwards, and within sixty days of the trial, so that the foreclosure was not then complete. “ The…