# Luce v. Hadley

> Massachusetts Supreme Judicial Court · December 18, 1875 · 119 Mass. 229

URL: https://www.frixlaw.com/law-library/cases/6418345

## Case

- **Full name:** Thomas Luce v. Jacob B. Hadley
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** December 18, 1875
- **Citations:** 119 Mass. 229; 1875 Mass. LEXIS 126
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6418345

## Opinion text

By the Court.
The only question, which arises on the bill of exceptions in this case, is whether the mortgagee of a vessel who is in possession, and to whom supplies for the use of the vessel have been furnished, under such circumstances that he is *231 liable for them, is properly described in the declaration as owner of the vessel.
By the well settled law of this state, a mortgage of a chattel vests the title and property in the mortgagee, which, although not absolute, is only defeasible upon a condition subsequent; and, unless there is an agreement to the contrary, the right of possession follows the right of property. The mortgagee is therefore properly described as owner. Pratt v. Harlow, 16 Gray, 379 . Coles v. Clark, 3 Cush. 399 , 401. Esson v. Tarbell, 9 Cush. 407 , 411. Dean v. M' Ghie, 4 Bing. 45, 49. Dickinson v. Kitchen, 8 El. & Bl. 789. Brown v. Tanner, L. R. 3 Ch. 597, 602. Exceptions overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6418345. Public record. Not legal advice.