Pierce v. Stevens

Supreme Judicial Court of Maine

Pierce v. Stevens

30 Me. 184

CourtSupreme Judicial Court of Maine

DecidedJuly 1, 1849

StatusPublished

Cited by1 cases

This text of 30 Me. 184 (Pierce v. Stevens) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pierce v. Stevens, 30 Me. 184 (Me. 1849).

Pincite

Opinion

Tenney, J. orally.

— Without any stipulation to the contrary, a mortgagee of either real or personal estate is entitled to immediate possession. But the parties may legally contract that the possession may remain with the mortgager. As to personal property, such an agreement does not contradict the [185]*185mortgage, and may be proved by parol. A plaintiff having no right to the possession, cannot maintain replevin.

Exceptions sustained.

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Tenney, J. orally.

— Without any stipulation to the contrary, a mortgagee of either real or personal estate is entitled to immediate possession. But the parties may legally contract that the possession may remain with the mortgager. As to personal property, such an agreement does not contradict the [185]*185mortgage, and may be proved by parol. A plaintiff having no right to the possession, cannot maintain replevin.

Exceptions sustained.

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Bluebook (online)

30 Me. 184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pierce-v-stevens-me-1849.

Opinion

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