Marr v. Washburn & Moen Manufacturing Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on August 7, 1891, by Chester Marr and Frank W. Forbes, to remove a cloud upon the title to certain real estate in Westborough, conveyed, with other property, by the M. V. Livingston Cycle Manufacturing Company to the plaintiffs, as trustees, for the benefit .of the creditors of the corporation; such cloud consisting of an attachment made by the present defendant in an action against the corporation pending prior to the conveyance.
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Bill in equity, filed in the Superior Court on August 7, 1891, by Chester Marr and Frank W. Forbes, to remove a cloud upon the title to certain real estate in Westborough, conveyed, with other property, by the M. V. Livingston Cycle Manufacturing Company to the plaintiffs, as trustees, for the benefit .of the creditors of the corporation; such cloud consisting of an attachment made by the present defendant in an action against the corporation pending prior to the conveyance. A supplemental bill was allowed .to be filed on March 13, 1895, by Arthur R. Marten and Frederick Goddard, who had…
1Opinion of the CourtKnowlton, J.
The real estate to which this suit relates is a part of the property conveyed by the Livingston Cycle Manufacturing Company to the original plaintiffs as trustees, for the benefit of its creditors and stockholders under the agreement of April 10, 1891. The attachment in favor of the defendant shown upon the records is a cloud upon the plaintiffs’ title, and there is jurisdiction in equity to remove this encumbrance if the property held by the plaintiffs should be freed from it. Clouston v. Shearer, 99 Mass. 209. Smith v. Smith, 150 Mass. 73. The plaintiffs in the supplemental bill are…
2Cases cited12 opinions
- Pratt v. AdamsNew York Court of Chancery · 1839
- Wilson v. PowersMassachusetts Supreme Judicial Court · 1881
- Clouston v. ShearerMassachusetts Supreme Judicial Court · 1868
- Hatchett v. BlantonSupreme Court of Alabama · 1882
- Watkins v. BowersMassachusetts Supreme Judicial Court · 1876
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3Cited by6 opinions
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- New York, New Haven & Hartford Railroad v. ButterMassachusetts Supreme Judicial Court · 1931
- Hudson v. J. B. Parker Machine Co.Massachusetts Supreme Judicial Court · 1899
- Wall v. KellyMassachusetts Supreme Judicial Court · 1911
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