Reports of Cases Argued and Determined in the Supreme Court of Rhode Island Volume 10
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875 edition. Excerpt: ...in a partial hearing to the jury which is to be received by us as if given on this hearing, testified that they said nothing about this mortgage in their exami nation at the jail previous to their assignment, and that one of i them testified they considered they had no property in the mortgaged goods, but that those goods belonged to the mortgagee. The question made on this statement of facts and evidence is, whether the plaintiff is entitled to maintain trover against the defendant for a conversion of the mortgaged property. In considering this question it is to be kept in mind that the plaintiff has never been either in the actual or constructive possession of that property; for the. mortgagors, according to the testimony, held it not for their assignee, but for the mortgagee; and moreover, it had already been attached by the defendant, before it was reassigned to the plaintiff. The case therefore does not fall within that class of cases in which it has been held, that as against a mere wrong-doer possession alone is suflicient, the wrong-doer not being permitted to shelter himself behind the better title of a third person. 2 Greenl. Ev. 637. It is also to be kept in mind that at the time of the alleged conversion, a much longer time after condition broken had elapsed than the sixty days allowed by statute for the redemption of the mortgaged property; Rev. St. ch. 149, 13; so that if there was any right of redemption remaining in the plaintiff, it was a right which could be enforced only in equity. No case has been cited to us in which it has been held that a person having such a mere equity in a chattel, disconnected from any possession thereof, can maintain trover for its conversion. In Ulapp v. Glidden, 39 Maine, 448, ...
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