Wyman v. Brigden
Massachusetts Supreme Judicial Court
This was an action of covenant broken, brought in the county of Middlesex, upon a deed made by the defendant, conveying to the plaintiff certain tracts of land in Charlestown, with the usual covenants of warranty, &c.
Read the full summary
This was an action of covenant broken, brought in the county of Middlesex, upon a deed made by the defendant, conveying to the plaintiff certain tracts of land in Charlestown, with the usual covenants of warranty, &c. The parties submitted the action to the determination of the Court, upon a statement of facts, which were substantially as follows, viz.: — that the defendant made the deed declared [*151 ] *on ; that the late Moses Gill, Esq., died seised of the land described in the deed, and by his last will, duly proved, &c., devised the same specifically to the defendant in fee; that W. N.…
1Opinion of the Court
■ The cause was continued nisi, and at this term, the opinion of the Court was delivered as follows by
Parsons, C. J.
[After reciting the facts.] On these facts the question arising is, whether the plaintiff was, or was not, legally ousted by Boylstone, the judgment creditor.
The defendant, denying the ouster, has made several objections against the plaintiff’s recovery.
First, that the devise of the lands conveyed was a specific devise, and was not liable for the payment of the testator’s debts by the levy of a creditor, until all the lands given to the residuary legatee *141had been first applied;…
2Cited by23 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Mooers v. WhiteNew York Court of Chancery · 1822
- Griswold v. BigelowSupreme Court of Connecticut · 1826
- Langdon v. PotterMassachusetts Supreme Judicial Court · 1807
18 more not listed; retrieve them via the Exa API.