Stowell v. Goodale
Massachusetts Supreme Judicial Court
This was an action of replevin, commenced on the 21st of April, 1849, for taking and detaining two horses and other property mentioned in the writ, on that day. The trial was before Perkins, J., in the court of common pleas. The defendant pleaded the general issue, and, in defence, relied on a title in himself.
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This was an action of replevin, commenced on the 21st of April, 1849, for taking and detaining two horses and other property mentioned in the writ, on that day. The trial was before Perkins, J., in the court of common pleas. The defendant pleaded the general issue, and, in defence, relied on a title in himself. The plaintiff, in order to maintain his title to the property replevied, produced a mortgage of the same from one Joseph Slocumb to him, dated the 12th and duly recorded on the 14th of December, 1848, and a release from Slocumb to him of all his interest in the property, dated on the…
1Opinion of the CourtMetcalf, J.
The property replevied in this suit was mortgaged to the defendant by Slocumb in November, 1847, to secure payment of a note which was not paid at the time of the trial. In July, 1848, Bridge bought the property of Slocumb, and in November, 1848, sold it back to Slocumb, who mortgaged it to the plaintiff in December, 1848, and released his interest therein to the plaintiff in April, 1849. The plaintiff’s title to the property would therefore be perfect, were it not for Slocumb’s mortgage to the defendant. And the general question is, whether that mortgage furnishes a defence to this action,…
2Cited by3 opinions
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- Eastern Bridge & Structural Co. v. Worcester Auditorium Co.Massachusetts Supreme Judicial Court · 1914
- Nichols v. ElaMassachusetts Supreme Judicial Court · 1878