22 Mass. 59
Massachusetts Supreme Judicial Court
Decided March 15, 1827
Massachusetts Supreme Judicial Court · decided 1827-03-15
Replevin of divers articles of household furniture, which had been attached, on the 11th of October, 1825, by a deputy of the defendant, as the property of one King; and which were his property, unless the same passed to the plaintiffs by virtue of a conveyance made on the 26th of September, 1825.
Decided 1827-03-15
¶1We think this is a mortgage and not a pledge. Whether it should be considered as one or the other, depends on the intent of the parties ; and as the chattels were not delivered into the possession of the plaintiffs, it could not be a pledge.
¶2 See Story on Bailments, 198, 201; 4 Kent’s Comm. (3d ed.) 138; Homes v Crane, 2 Pick. (2d ed.) 610, n. 1; 2 Story’s Comm. Eq. 296, 297.