Peaks v. Smith
Supreme Judicial Court of Maine
On report. Action of trover brought by the plaintiffs against the defendant, .Sheriff of Somerset County, to recover the value of certain personal property attached December 18, 1906, by a deputy of the defendant on a writ of attachment in favor of one Margaret J. Armstrong and against one Martin J. A. Munster. The record does not disclose the plea, but presumably it was the general issue.
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On report. Action of trover brought by the plaintiffs against the defendant, .Sheriff of Somerset County, to recover the value of certain personal property attached December 18, 1906, by a deputy of the defendant on a writ of attachment in favor of one Margaret J. Armstrong and against one Martin J. A. Munster. The record does not disclose the plea, but presumably it was the general issue. The plaintiffs claimed title to the attached property under a chattel mortgage given to them by said Munster, September 6, 1906. The mortgage was not recorded for the reason that Munster, at the time the…
1Opinion of the CourtCornish, J.
This is an action of trover against an officer to recover the value of personal property attached December 18, 1906, and is before the Law Court on report.
*317The plaintiffs claim title under a mortgage given to them by the debtor, September 6, 1906. The validity of this mortgage, as against the attaching creditor is attacked by the defendant on the ground that neither had the property been taken into possession and kept by the mortgagees, nor had the mortgage itself been recorded. The plaintiffs admit these facts but reply that there was no place where the mortgage could have been legally…
2Cases cited2 opinions
- Lanfear v. SumnerMassachusetts Supreme Judicial Court · 1821
- Citizens' National Bank v. OldhamMassachusetts Supreme Judicial Court · 1886
3Cited by5 opinions
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- Production Credit Ass'n v. KentSupreme Judicial Court of Maine · 1948
- Wheeling & Lake Erie Railway Co. v. Keach (In re Montreal, Maine & Atlantic Railway, Ltd.)Bankruptcy Appellate Panel of the First Circuit · 2014