Supreme Judicial Court of Maine, 1849

Pierce v. Stevens

Pierce v. Stevens
Supreme Judicial Court of Maine · Decided July 1, 1849 · Orally, Tenney
30 Me. 184

Pierce v. Stevens

Opinion of the Court

Tenney, J. orally.

— Without any stipulation to the contrary, a mortgagee of either real or personal estate is entitled to immediate possession. But the parties may legally contract that the possession may remain with the mortgager. As to personal property, such an agreement does not contradict the *185mortgage, and may be proved by parol. A plaintiff having no right to the possession, cannot maintain replevin.

Exceptions sustained.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.