Massachusetts Supreme Judicial Court, 1864

Johnson v. Babcock

Johnson v. Babcock
Massachusetts Supreme Judicial Court · Decided September 15, 1864 · Gray
90 Mass. 583

Johnson v. Babcock

Opinion of the Court

Gray, J.

A 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.

Judgment for the plaintiff.

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