72 Mass. 527
Massachusetts Supreme Judicial Court
Decided September 15, 1856
Massachusetts Supreme Judicial Court · decided 1856-09-15
Replevin of a horse. At the trial in the court of common pleas, it was in evidence that the plaintiff, as deputy sheriff, had attached the horse as the property of William W. Lamb on a writ in favor of one Knights, and delivered him to James M. Bancroft, taking a written receipt by which Bancroft promised to keep him safely, and deliver him to Baker on demand ; that Bancroft delivered the horse to Lamb “ to use for his keeping, and to redeliver whenever Bancroft should call…
Decided 1856-09-15
¶1The delivery of the attached property to a receiptor, and by him to the debtor, legally operated as a discharge of the attachment, and the termination of the attaching officer’s special property in the horse. The testimony offered by the plaintiff had no tendency to qualify the possession of the horse by the debtor, and was rightly rejected.
¶2Exceptions overruled