Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 25
Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 25
Massachusetts. Supreme Judicial Court
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Hubbard and fT. •Sustin, for the defendant. The re- turn of the officer is conclusive, as to the fact of the attach- ment, in this action ; it is only in an action for a false return, that it can be contradicted. Slayton v. Chester^ 4 Mass. R. 478 ; BoU v. Bumell, 9 Mass. R. 96 ; Eastabrook v. Hap- good, 10 Mass. R. 313 ; Bean v. Parker, 17 Mass. R. 591 {Whitaker v. Sumner, 7 Pick. 551. J But the facts in the case show a valid attachment. The offi- cer, by going on board the vessel, paying the ...freight to the master and thus reraovrog his lien, and putting a keeper on board, obtained the possession and control of the goods. It was not necessary that he should see them. The lien of the United States for duties does not invalidate the attachment, for it is settled, that an attachment may be made of property sub- ject to a lien. Burlingame v. Bell, 16 Mass. R. 318. The right of stoppage in transitu depends upon the iubol- vency of the consignee. Abbott on Ship. 368. But Picker- ing was not insolvent on April 26th, when the Corvo arrived.
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