Caldwell v. Eaton
Massachusetts Supreme Judicial Court
This action was trover for the conversion of certain machines described in the declaration. The cause came before the Court on a case stated by the parties.
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This action was trover for the conversion of certain machines described in the declaration. The cause came before the Court on a case stated by the parties. From the statement it appears that the plaintiff and defendant are both deputies of the sheriff of this county; that Eaton had attached the machines as the property of Levi Maynard, first at the suit of Eleazar Rider, and afterwards at the suit of Dix and Robinson; that executions were duly issued on the judgments recovered by those creditors respectively; that the execution of Rider was delivered to the plaintiff, and that of Dix and…
1Opinion of the Court
The opinion of the Court was afterwards delivered by
Parsons, C. J.
Upon the facts agreed in this case, the question of law is, whether, at the time of the seizure of these chattels by the defendant, the plaintiff had or had not a special property in, or right of possession to them, that will enable him to maintain this action.
The seizure by the plaintiff was lawful, and he thereby acquired a special property in the chattels, which still continued, unless that special property was determined by his fault or negligence, in not seasonably advertising them for sale, and m not proceeding to sell…
2Cited by11 opinions
- Kelly v. EastonIdaho Supreme Court · 1922
- Field v. FletcherMassachusetts Supreme Judicial Court · 1906
- Acme Harvesting Machine Co. v. HinkleySouth Dakota Supreme Court · 1909
- Cressey v. ParksSupreme Judicial Court of Maine · 1883
- Burrows v. StoddardSupreme Court of Connecticut · 1820
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