Boynton v. Warren
Massachusetts Supreme Judicial Court
Replevin of furniture. Writ dated July 10,1865. Trial in (be superior court, without a jury, before Morton, J., who allowed a bill of exceptions in substance as follows : The plaintiff claimed title to the property as mortgagee thereof under a mortgage from Susan M. Badger, dated November 1,1864. Oh the writ in an action against Badger, in which this plaintiff was summoned as trustee, this defendant, a con stable of the city of Boston, attached the property in Badger’s house…
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Replevin of furniture. Writ dated July 10,1865. Trial in (be superior court, without a jury, before Morton, J., who allowed a bill of exceptions in substance as follows : The plaintiff claimed title to the property as mortgagee thereof under a mortgage from Susan M. Badger, dated November 1,1864. Oh the writ in an action against Badger, in which this plaintiff was summoned as trustee, this defendant, a con stable of the city of Boston, attached the property in Badger’s house on June 6, 1865, and left there a keeper of it; and on the same day this plaintiff gave the defendant written notice of…
1Opinion of the CourtColt, J.
Unless the defendant can justify under his attachment, the plaintiff must prevail. As mortgagee of the property, having the right of immediate possession, he may maintain this action against a trespasser. In order to continue his special title in the property taken, an attaching officer must retain the actual or constructive possession of it. A voluntary surrender or abandonment of the property releases the attachment. Bag*174ley v. White, 4 Pick. 397. Sanderson v. Edwards, 16 Pick 144. Esson v. Tarbell, 9 Cush. 412. The question presented is, whether the evidence submitted was sufficient in law…
2Cited by14 opinions
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- Shapiro v. Park Trust Co.Massachusetts Supreme Judicial Court · 1925
- Porter v. WarrenMassachusetts Supreme Judicial Court · 1876
- Titcomb v. Bay State Grocery Co.Massachusetts Supreme Judicial Court · 1926
- Goulding v. HairMassachusetts Supreme Judicial Court · 1882
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