Brooks v. Briggs

Decided April 15, 1851

Supreme Judicial Court of Maine · decided 1851-04-15

Exceptions from the District Court, Cole, J. Trover for a wagon. One Blake, while owning the wagon, conveyed it in mortgage to the plaintiff, to secure the payment of a promissory note. Blake afterwards sold it to the defendant. This action is brought to recover its value. To prove title, the plaintiff introduced the mortgage, which had been duly recorded; but offered no other evidence, neither was any offered by the defendant.

Cited by 1 later decisions — most recently June 1899

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1851-04-15

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Howard, J.,

¶1orally.—The production of the mortgage was evidence, prima fade, of property in the plaintiff.

¶2If the defendant would rely upon,a payment of the mortgage debt, the burden of proof was on him. The instructions of the District Court were correct.

¶3Exceptions overruled.