Davis v. Newton
Massachusetts Supreme Judicial Court
This was a bill in equity, brought by creditors of Pynson Blake, an insolvent debtor, against his assignee under the St. of 1838, c. 163. It was alleged in the bill, that when the first publication was made of the notice of the issuing of the warrant to the messenger to take possession of said Blake’s estate, said Blake was entitled to receive a large sum of money, as his distributive share, as heir at law, of the estate of his deceased brother, Henry Blake, and was also…
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This was a bill in equity, brought by creditors of Pynson Blake, an insolvent debtor, against his assignee under the St. of 1838, c. 163. It was alleged in the bill, that when the first publication was made of the notice of the issuing of the warrant to the messenger to take possession of said Blake’s estate, said Blake was entitled to receive a large sum of money, as his distributive share, as heir at law, of the estate of his deceased brother, Henry Blake, and was also entitled to receive large sums of money from sundry persons, to whom the same had been lent or entrusted by said Pynson and…
1Opinion of the CourtShaw, C. J.
This case is set down for hearing on bill and answer, and there appears to be no controversy about the facts. The bill is irregular and defective in many respects; and before any decree can be made, it will be necessary to amend it by making other parties, and in some other respects; but at present, the court will confine its attention to certain questions, embracing, as it is intimated, the merits of the case.
The first question is, whether the respondent, as the assignee of Pynson Blake, an insolvent debtor under the sta ute of 1838, *541by lorce of the assignment of the debtor’s property to…
2Cases cited8 opinions
- Montgomery v. LamptonCourt of Appeals of Kentucky · 1861
- Van Duzer v. Van DuzerNew York Court of Chancery · 1837
- Allen v. BrownCourt of Appeals of Kentucky · 1863
- Udall v. KenneyNew York Supreme Court · 1824
- Fry v. FryNew York Court of Chancery · 1839
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