Pierce v. Stevens

30 Me. 184 | Me. | 1849

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 mortgage, and may be proved by parol. A plaintiff having no right to the possession, cannot maintain replevin.

Exceptions sustained.