Field v. Fletcher (1906)
Citation: 191 Mass. 494, 78 N.E. 107 · Decided: May 16, 1906 · Opinion: Knowlton, C.J.
Facts
A deputy sheriff claimed machinery under an execution. A prior bulky-goods attachment had expired before execution issued. The machinery was on Fletcher’s premises, where Fletcher claimed it under a bill of sale. After an asserted seizure, the sheriff repeatedly adjourned the auction, left the equipment there for more than six weeks without evidence of continued custody or control, and then sued in replevin.
Holding
The sheriff failed to prove a continuing special property and right to possession when replevin commenced. Seizure could initially create that interest, but the failure to maintain possession, custody or control defeated it. The court overruled his exceptions to the directed verdict for Fletcher. 191 Mass. at 495–496.
Reasoning and limits
The historic bulky-property attachment provision did not govern seizure on execution. The sheriff bore the burden of proving his possessory interest. The court expressly did not decide whether an execution lien would survive expiration and return of an unsatisfied execution if possession had been maintained. No completed execution sale occurred; this is not a holding about rescinding a purchaser’s title or an auction challenge deadline.
Practical impact
The officer’s continued custody/control matters for an execution sale of equipment. A record of a prior attachment, announced seizure or repeated auction postponement is not the same evidence. Modern statutory changes and application to constructive custody require separate analysis.
Good-law status
Full opinion independently retrieved and read on 2026-10-17 in an unofficial reporter reproduction. Comprehensive subsequent treatment and current applicability of the historical procedural provisions remain needs_verification; no good-law certification is made.
Applies in →
massachusetts · personal-property-execution-sales-by-state · equipment-and-machinery
Sources
- Full opinion: https://www.masscasesarchive.com/masscases.com/cases/sjc/191/191mass494.html — retrieved 2026-10-17; pages 494–496, including reserved question.
Disclaimer. Legal information, not legal advice. This decision may be limited by later authority. Read the opinion and applicable current law before acting.