73 Mass. 216
Massachusetts Supreme Judicial Court
Decided October 15, 1856
Massachusetts Supreme Judicial Court · decided 1856-10-15
<p>in an action by the assignee of an insolvent debtor against an officer to recover the value of property attached and sold by him on mesne process against the debtor, the defendant, after proving a demand upon him for the property by a mortgagee thereof, may give in evidence a writ subsequently sued out against him by the mortgagee containing a bill of particulars of the property, for the purpose of showing that the mortgagee was still insisting on his rights.</p>
Decided 1856-10-15
¶1For the limited purpose for which the original writ in favor of the Merrimack River Lumber Company, and the schedule annexed thereto, were admitted, there is no objection to their admission, unless on the ground of irrelevancy *217They certainly had no tendency to show any title in said com« pany, and were not admitted as evidence on that point.
¶2 Exceptions overruled.