Downs v. Flanders
Massachusetts Supreme Judicial Court
Writ of entry to recover an estate for life in two parcels of land in Chilmark. Plea, mil disseisin. The case was submitted to the Superior Court, and, after judgment for the tenant, to this court, on appeal, on an agreed statement of facts, in substance as follows.
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Writ of entry to recover an estate for life in two parcels of land in Chilmark. Plea, mil disseisin. The case was submitted to the Superior Court, and, after judgment for the tenant, to this court, on appeal, on an agreed statement of facts, in substance as follows. On July 17, 1884, Emily O. Mayhew, wife of Henry S. Mayhew, filed a petition in the Probate Court for separate maintenance and for the custody of her children, and in the order of notice duly issued thereon to him an attachment was ordered of his real and personal estate to the amount of one thousand dollars. This attachment,…
1Opinion of the CourtDevens, J.
An attachment of the real estate of the husband had been lawfully made by an order of the Probate Court, to a specified amount, in a proceeding by the wife praying for a separate support and the custody of her children. Pub. Sts. c. 147, §§ 33, 34, 35, and c. 146, §§ 11, 12, 15, 33, 37. An execution had been issued for non-payment of certain arrears of the allowance ordered by the Probate Court, and had been levied by sale of certain lots of land of the husband included in the attachment, but not of all of them. This execution and the sale thereon had been for an amount much less than that of…
2Cases cited6 opinions
- Burrows v. PurpleMassachusetts Supreme Judicial Court · 1871
- Allen v. AllenMassachusetts Supreme Judicial Court · 1868
- Chase v. IngallsMassachusetts Supreme Judicial Court · 1867
- Slade v. SladeMassachusetts Supreme Judicial Court · 1871
- Barney v. TourtellotteMassachusetts Supreme Judicial Court · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Glynn v. GlynnNorth Dakota Supreme Court · 1898
- Hill v. HillMassachusetts Supreme Judicial Court · 1907
- Dunnington v. DunningtonMassachusetts Supreme Judicial Court · 1949
- Leyland v. LeylandMassachusetts Supreme Judicial Court · 1904
- Jelly v. JellyMassachusetts Supreme Judicial Court · 1951
5 more not listed; retrieve them via the Exa API.