Ladd v. North
Massachusetts Supreme Judicial Court
This was an action of the case against the defendant, one of the coroners of this county. The declaration recited that the plaintiff, having a demand against one Hall, sued out his writ of attachment upon that demand, and delivered it to one Longfellow, a deputy sheriff, to be served and returned, who made his return that he had attached nine hogsheads of rum, the property of Hall: that one Greenleaf, claiming to own the said nine hogsheads of rum, sued out a writ of…
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This was an action of the case against the defendant, one of the coroners of this county. The declaration recited that the plaintiff, having a demand against one Hall, sued out his writ of attachment upon that demand, and delivered it to one Longfellow, a deputy sheriff, to be served and returned, who made his return that he had attached nine hogsheads of rum, the property of Hall: that one Greenleaf, claiming to own the said nine hogsheads of rum, sued out a writ of replevin against Longfellow, and delivered it to the defendant to be served : that the defendant, “ minding and contriving to…
1Opinion of the Court
On the third day of the term, the Chief Justice (after observing that the Court, having agreed that this action was not maintainable against the present defendant, had not thought it necessary to give any opinion as to the defects suggested to be in the declaration) delivered the unanimous opinion of the Court as follows:
[ *516 ] * When the sheriff seizes the goods of a debtor on an *463execution, to make money of them, to satisfy the creditor, he has a special property in the goods; and if they are taken from him, he may maintain trover or trespass against the wrongdoer. The reason of the law is,…
2Cases cited3 opinions
- Ludden v. LeavitiMassachusetts Supreme Judicial Court · 1812
- Gates v. GatesMassachusetts Supreme Judicial Court · 1818
- Pike v. HuckinsMassachusetts Supreme Judicial Court · 1805
3Cited by27 opinions
- White v. . MadisonNew York Court of Appeals · 1862
- People ex rel. Kennard v. CoreIllinois Supreme Court · 1877
- Perley v. FosterMassachusetts Supreme Judicial Court · 1812
- Miller v. AdsitCourt for the Trial of Impeachments and Correction of Errors · 1836
- Stern v. KnowltonMassachusetts Supreme Judicial Court · 1903
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