Legal Opinion

Washburn v. Hammond

Massachusetts Supreme Judicial Court

Decided February 20, 1890PublishedCited by 5 opinions

Bill in equity, filed in tlie Superior Court, on July 27, 1888, hy a creditor of Sarah P. Hammond, against her and John S. Hammond, her husband, against his assignees in insolvency, Atsatt, Chamberlayne, and Paisler, and against one Warren, the assignee of certain mortgages given by her and by her husband to one Smith, to reach and apply in payment of a debt due from the first named defendant to the plaintiff certain real estate conveyed by her to Chamberlayne and attached…

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Bill in equity, filed in tlie Superior Court, on July 27, 1888, hy a creditor of Sarah P. Hammond, against her and John S. Hammond, her husband, against his assignees in insolvency, Atsatt, Chamberlayne, and Paisler, and against one Warren, the assignee of certain mortgages given by her and by her husband to one Smith, to reach and apply in payment of a debt due from the first named defendant to the plaintiff certain real estate conveyed by her to Chamberlayne and attached specially by the plaintiff. The Hammonds in their answer averred that the real estate in question was purchased by the…

1Opinion of the Court

C, Allen, J.

It was contended on behalf of the defendants, at the argument before us, that this court should look at the evidence independently of the findings by the judge of the Superior Court, inasmuch as only one witness, namely, the defendant Chamberlayne, appeared personally before him, and the case was decided almost wholly upon certain facts which were agreed, and upon a stenographic report of testimony taken before another judge. Upon an examination of the testimony and agreed facts, we are brought to the conclusion that the decree entered in the Superior Court was right.

The plaintiff…

2Cases cited11 opinions

  1. Commonwealth v. PierceMassachusetts Supreme Judicial Court · 1884
  2. Chace v. ChapinMassachusetts Supreme Judicial Court · 1881
  3. Edgerly v. EdgerlyMassachusetts Supreme Judicial Court · 1873
  4. Cormerais v. WesselhoeftMassachusetts Supreme Judicial Court · 1874
  5. May v. GatesMassachusetts Supreme Judicial Court · 1884

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Stiff v. AshtonMassachusetts Supreme Judicial Court · 1891
  2. Broadway National Bank v. HaywardMassachusetts Supreme Judicial Court · 1934
  3. Killoren v. HernanMassachusetts Supreme Judicial Court · 1939
  4. Arizona State Bank v. Crystal Ice & Cold Storage Co.Arizona Supreme Court · 1924
  5. Steel Edge Stamping & Retinning Co. v. Manchester Savings BankMassachusetts Supreme Judicial Court · 1895

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