Johnson v. Babcock

Decided September 15, 1864

Massachusetts Supreme Judicial Court · decided 1864-09-15

Replevin of a heifer. It was agreed, in the superior court, that the plaintiff bought the animal in the summer of 1862, when she was but two days old, and kept her until December 1863, when she was taken from his possession by the defendant, who was a deputy sheriff, upon a writ against the plaintiff, and afterwards, in the following January, sold upon the execution which was obtained in the suit. The defendant afterwards purchased her.

Decided 1864-09-15

Gray, J.

¶1A heifer is a young cow, and as such exempt from attachment if the debtor has no other. Freeman v. Carpenter, 10 Verm. 433. Carruth v. Grassie, 11 Gray, 211. Pomeroy v. Trimper, ante, 403. The sale of the heifer by the defendant on *584execution, after notice that the plaintiff claimed her as exempt from attachment, passed no title to the purchaser; and the heifer, being now no longer held by the attachment or execution, but claimed by the defendant under a subsequent purchase from the purchaser at that sale, may be recovered by this replevin.

¶2Judgment for the plaintiff.