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Chapin v. Freeland | 8 N.E. 128 (1886)
A person wrongfully in possession of someone else’s personal property is subject to a replevin action for that property’s return. If the wrongful possessor sells the property to someone else after the statute of limitations for a replevin action has run, can the original owner still get it back? That’s the question considered in Chapin versus Freeland.
In eighteen sixty-seven, Daniel Warner built a general store on his land and installed two counters belonging to Mary Freeland. In eighteen seventy-nine, Francis Chapin bought the store at a foreclosure sale. In eighteen eighty-one, Freeland removed the counters from the store.
Chapin filed a replevin action against Freeland to recover the counters. The trial court ruled for Freeland, concluding that, although Massachusetts’s six-year statute of limitations for replevin actions had run against Warner, Freeland was still entitled to repossess the counters herself. Chapin appealed to the Massachusetts Supreme Judicial Court.
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