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123 Mass. 108

Pecker v. Silsby

Massachusetts Supreme Judicial Court · decided 1877-07-03

Replevin of chattels alleged .to belong to Seth E. Pecker, Frank O. Dame and John H. Swasey. Writ dated June 23, 1875. Held: the first as executrix of the will of her late husband, and the second, which ran directly to herself, she being entitled thereto under the will.

Relies on Howard v. Chase

Good law ✅— No negative treatment on recordhow we know

Decided 1877-07-03

How this case has been cited

Cited by 10 later decisions — most recently March 1961

10 state decisions

301877188018901900191019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Morton, J.

¶1This case is governed by Howard v. Chase, 104 Mass. 249. The mortgage of Pollard & Bliss to the plaintiffs conveyed the personal property named therein “ subject to prior mortgages to the amount in all of eight thousand dollars.” The only existing prior mortgage was the one under which the defendant claims, and the amount and terms of this mortgage were known to Pollard & Bliss and to the plaintiffs. It was clearly the intention of Pollard & Bliss to sell, and of the plaintiffs to buy, the right of redeeming the defendant’s mortgage, The plaintiffs took only what was conveyed, a right to redeem, and their mortgage, though recorded first, does not take precedence of the mortgage to the defendant. '

¶2Judgment for the defendant.

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