Stanley v. Neale

Massachusetts Supreme Judicial Court
Stanley v. Neale, 98 Mass. 343 (Mass. 1867)
Chapman

Stanley v. Neale

Opinion of the Court

Chapman, J.

The plaintiff excepts to no finding or decision of the judge except his order for a return. But it had been found that the plaintiff had no title to the property replevied; that the title was in Selden, and that the defendant Neale was his agent. Upon the finding of these facts, the order was correct. For a plaintiff in replevin must maintain his case on the strength of his own title, and, if he fails, the' possession ought, as a general rule, to be restored to the defendant. Johnson v. Neale, 6 Allen, 229. This case does not furnish an exception to the rule, but comes c’early within it

Exceptions overruled.

Reference

Full Case Name
David A. Stanley v. Alonzo F. Neale
Cited By
5 cases
Status
Published