Legal Opinion

King v. King

Massachusetts Supreme Judicial Court

Decided October 15, 1868PublishedCited by 4 opinions

Bill in equity by the widow of Barzillai King to relieve her estates of dower and homestead in real estate left by her husband, who died in 1863, from any claims under a mortgage made by him in 1845, and assigned on April 30,1864, to the defendant, who on January 15,1864, gave bond to the executor, under the Gen. Sts. c. 102, § 9, to pay the debts of the deceased, in order to free the real estate from liability to sale for their payment.

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Bill in equity by the widow of Barzillai King to relieve her estates of dower and homestead in real estate left by her husband, who died in 1863, from any claims under a mortgage made by him in 1845, and assigned on April 30,1864, to the defendant, who on January 15,1864, gave bond to the executor, under the Gen. Sts. c. 102, § 9, to pay the debts of the deceased, in order to free the real estate from liability to sale for their payment. The case was reserved by Foster, J., for the determination of the full court, on the bill, answer and agreed facts, the substance of which appears in the…

1Opinion of the CourtWells, J.

In this case the right of the widow to have her dower and homestead was subject to the incumbrance of the mortgage. The defendant is one of the heirs, and, by purchase, represents all the heirs and devisees of the real estate. A part only of the real estate was covered by the mortgage; but the whole was assets for payment of debts, including the mortgage debt. To relieve the real estate from liability to sale for payment of these debts the defendant assumed their payment, and gave his bond therefor to the executor. In paying the debts he took to himself an assignment of the mortgage; and he…

2Cited by4 opinions

  1. Clinkenbeard v. City of St. JosephSupreme Court of Missouri · 1928
  2. Fockler v. Kansas CityMissouri Court of Appeals · 1902
  3. Bank v. DudleyWest Virginia Supreme Court · 1915
  4. Robinson v. SimmonsMassachusetts Supreme Judicial Court · 1892

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