Legal Opinion

Wyman v. Brigden

Massachusetts Supreme Judicial Court

Decided March 15, 1808PublishedCited by 23 opinions

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.

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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

  1. Ricard v. WilliamsSupreme Court of the United States · 1822
  2. Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
  3. Mooers v. WhiteNew York Court of Chancery · 1822
  4. Griswold v. BigelowSupreme Court of Connecticut · 1826
  5. Langdon v. PotterMassachusetts Supreme Judicial Court · 1807

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