Johnson v. Babcock

Massachusetts Supreme Judicial Court

Johnson v. Babcock

90 Mass. 583

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1864

StatusPublished

This text of 90 Mass. 583 (Johnson v. Babcock) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson v. Babcock, 90 Mass. 583 (Mass. 1864).

Pincite

Opinion

Gray, J.

A heifer is a young cow, and as such exempt from attachment if the debtor has no other. Freeman v. Carpenter, 10 Verm. 433. Carruth v. Grassie, 11 Gray, 211. Pomeroy v. Trimper, ante, 403. The sale of the heifer by the defendant on [584]*584execution, after notice that the plaintiff claimed her as exempt from attachment, passed no title to the purchaser; and the heifer, being now no longer held by the attachment or execution, but claimed by the defendant under a subsequent purchase from the purchaser at that sale, may be recovered by this replevin.

Judgment for the plaintiff.

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Gray, J.

A heifer is a young cow, and as such exempt from attachment if the debtor has no other. Freeman v. Carpenter, 10 Verm. 433. Carruth v. Grassie, 11 Gray, 211. Pomeroy v. Trimper, ante, 403. The sale of the heifer by the defendant on [584]*584execution, after notice that the plaintiff claimed her as exempt from attachment, passed no title to the purchaser; and the heifer, being now no longer held by the attachment or execution, but claimed by the defendant under a subsequent purchase from the purchaser at that sale, may be recovered by this replevin.

Judgment for the plaintiff.

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Bluebook (online)

90 Mass. 583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-babcock-mass-1864.

Opinion

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