Foster v. Perkins
Supreme Judicial Court of Maine
On Report from Nisi Prius. This was an action of replevin for the bark Mary Lee, which was built by Gilbert Balkam at Eobbinston, during the year 1854. The general issue was pleaded and joined, with a brief statement, alleging that the property belonged to the defendant, and was not the property of the plaintiffs; and that defendant justified as deputy sheriff, under the writ of John G. Wetherell & als. v. Gilbert Balkam and William Pike, trustee.
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On Report from Nisi Prius. This was an action of replevin for the bark Mary Lee, which was built by Gilbert Balkam at Eobbinston, during the year 1854. The general issue was pleaded and joined, with a brief statement, alleging that the property belonged to the defendant, and was not the property of the plaintiffs; and that defendant justified as deputy sheriff, under the writ of John G. Wetherell & als. v. Gilbert Balkam and William Pike, trustee. The plaintiffs relied upon a mortgage from Gilbert Balkam to them, dated July 26, 1854, and recorded at Robbinston, August 2d, 1854. Also upon…
1Opinion of the CourtMay, J.
At the time of the attachment under which the defendant claims, the title of the plaintiffs to the bark in controversy depended upon two mortgages from Gilbert Balkam to them, duly executed and recorded in the town of Robbins-ton, where the mortgager resided. The first was dated July 26, and the other Dec. 9, 1854, and both were given to secure large sums of money advanced, and to be advanced by the plaintiffs, and wore upon the vessel then described as upon the stocks in Robbinston. No fraud is suggested in these transactions. The title of the plaintiffs must, therefore, be deemed valid, as…
2Cases cited1 opinion
- Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
3Cited by6 opinions
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- Bailey v. WilloughbySupreme Court of Oklahoma · 1912
- Beatrice Creamery Co. v. GoldenSupreme Court of Oklahoma · 1928
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