Colby v. Shute
Massachusetts Supreme Judicial Court
Writ of entry in the Land Court, dated February 27, 1913, by the assignee in insolvency of the estate of Robert J. Miller to recover one undivided third of a parcel of land with a dwelling-house thereon on Dorchester Street in the part of Boston called South Boston.
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Writ of entry in the Land Court, dated February 27, 1913, by the assignee in insolvency of the estate of Robert J. Miller to recover one undivided third of a parcel of land with a dwelling-house thereon on Dorchester Street in the part of Boston called South Boston. In the Land Court the case was tried before Clark, J. The tenant Brooks was the holder of a mortgage upon the property and the tenant Shute was the owner, subject to such mortgage, of an undivided two thirds interest in the property, having been in possession of such undivided interest since 1904. The tenants claimed title to the…
1Opinion of the CourtBraley, J.
The original assignee held the reversionary interest of the insolvent debtor, subject to the outstanding life estate. Pub. Sts. c. 157, § 46. And the failure to record the assignment as required by § 45 did not affect the title. The first publication of notice of the issuing of the warrant under § 46, as held in Hall v. Whiston, 5 Allen, 126, 128, was “ constructive notice to all the world of the change in the debtor’s rights and title.” It is immaterial, also, that the land had not been listed in the debtor’s schedule of assets, or that no actual entry ever had been made. Austin v.…
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