Spaulding v. Barnes

Massachusetts Supreme Judicial Court

Spaulding v. Barnes

70 Mass. 330

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1855

StatusPublished

This text of 70 Mass. 330 (Spaulding v. Barnes) 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

Spaulding v. Barnes, 70 Mass. 330 (Mass. 1855).

Pincite

Opinion

By the Court.

The mortgagee, even if the mortgage was [332]*332valid, had no right to sell the property before foreclosure ; and such a sale was a wrong, for which an action lies. If there was not a valid mortgage, either because the mortgage was bad in form, or because the mortgagee was a feme covert, or otherwise, then a fortiori the defendant had no authority to sell the goods, the property and the right of possession remained with the plaintiff'’s intestate, which was violated by the sale, and the action will lie.

Exceptions sustained.

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By the Court.

The mortgagee, even if the mortgage was [332]*332valid, had no right to sell the property before foreclosure ; and such a sale was a wrong, for which an action lies. If there was not a valid mortgage, either because the mortgage was bad in form, or because the mortgagee was a feme covert, or otherwise, then a fortiori the defendant had no authority to sell the goods, the property and the right of possession remained with the plaintiff'’s intestate, which was violated by the sale, and the action will lie.

Exceptions sustained.

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Bluebook (online)

70 Mass. 330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spaulding-v-barnes-mass-1855.