Smythe v. Sprague
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, and a cross bill, to remove a cloud from the title of the plaintiff, and from that of the defendants as the assignees in insolvency of Mayer J. Cohen, respectively, to certain land in Medway. At the hearing, before Pitman, J., the following facts were agreed. Mayer J. Cohen, on August 11, 1886, owned the land in question, and on that day executed and delivered a deed, purporting to convey it to Hyman Cline and Abraham Cline.
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Bill in equity, filed in the Superior Court, and a cross bill, to remove a cloud from the title of the plaintiff, and from that of the defendants as the assignees in insolvency of Mayer J. Cohen, respectively, to certain land in Medway. At the hearing, before Pitman, J., the following facts were agreed. Mayer J. Cohen, on August 11, 1886, owned the land in question, and on that day executed and delivered a deed, purporting to convey it to Hyman Cline and Abraham Cline. On August 12, 1886, this deed was sent by mail to the registry of deeds in Norfolk for record, but no money was sent to pay…
1Opinion of the CourtMorton, C. J.
This case raises the question whether land which has been conveyed by an insolvent debtor to a bona fide purchaser, for a valuable consideration, by a deed which is not recorded until after the assignment in insolvency, passes to the assignee. We are not aware that this question has been directly adjudicated by this court.
The insolvent law provides that “the assignment shall vest in the assignee all the property of the debtor, real and personal, which he could have lawfully sold, assigned, or conveyed, or which might have been taken on execution upon a judgment against him, at the time of the…
2Cases cited5 opinions
- Chace v. ChapinMassachusetts Supreme Judicial Court · 1881
- Holmes v. WinchesterMassachusetts Supreme Judicial Court · 1882
- Sibley v. Quinsigamond National BankMassachusetts Supreme Judicial Court · 1882
- Low v. WelchMassachusetts Supreme Judicial Court · 1885
- Dugan v. NicholsMassachusetts Supreme Judicial Court · 1878
3Cited by14 opinions
- City of Boston v. Quincy Market Cold Storage & Warehouse Co.Massachusetts Supreme Judicial Court · 1942
- Stoneham Five Cents Savings Bank v. JohnsonMassachusetts Supreme Judicial Court · 1936
- Aronian v. AsadoorianMassachusetts Supreme Judicial Court · 1943
- Anthony v. New York, Providence, & Boston RailroadMassachusetts Supreme Judicial Court · 1894
- Putnam v. LovelandCourt of Appeals for the First Circuit · 1907
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