Davenport v. Tilton
Massachusetts Supreme Judicial Court
Assumpsit for goods sold and delivered. The action was commenced, and the defendant’s real estate attached, on the 19th of November 1842. At the trial in the court of common pleas, before Wash-burn, J. the defendant gave in evidence his discharge, under the United States bankrupt law of 1841, purporting to discharge him from all debts due from him on the 17th of January 1843. The plaintiffs then introduced evidence that the defendant, on the 17th of October 1842, conveyed…
Read the full summary
Assumpsit for goods sold and delivered. The action was commenced, and the defendant’s real estate attached, on the 19th of November 1842. At the trial in the court of common pleas, before Wash-burn, J. the defendant gave in evidence his discharge, under the United States bankrupt law of 1841, purporting to discharge him from all debts due from him on the 17th of January 1843. The plaintiffs then introduced evidence that the defendant, on the 17th of October 1842, conveyed the real estate, attached by them in this action, to Chloe Proctor, by a deed which was recorded on the 21st of November…
1Opinion of the CourtShaw, C. J.
The importance of the principal question presented by the present case is now much diminished by the length of time which has elapsed since the repeal of the bankrupt act, and the strong probability that few, if any, similar questions now remain unsettled. The question is, whether an attachment of property on mesne process, as regulated by the laws of Massachusetts, constitutes such a lien or security on property as to be saved to the attaching creditor, and prevented from passing to the assignee, by the proviso "at the end of § 2 of the bankrupt law It is a condition, reservation, or *325saving…
2Cases cited3 opinions
- Cooke v. GibbsMassachusetts Supreme Judicial Court · 1807
- Tappan v. PoorMassachusetts Supreme Judicial Court · 1819
- Cody v. StateMississippi Supreme Court · 1872
3Cited by1 opinion
- Morris Cohen, D/B/A Piehler Furs v. Arthur T. Wasserman, TrusteeCourt of Appeals for the First Circuit · 1956