Gibson v. Farley
Massachusetts Supreme Judicial Court
Case against the defendants, as bailiffs and receivers of the plaintiffs, and assumpsit for money had and received. At the trial, which was had upon the general issue, before the chiel justice, November term, 1819, it was proved or admitted that the plaintiffs were the children, and five out of nine of the heirs at law of Abraham, Gibson, late of Boston, deceased, intestate ; that the defendants were * administrators of the [ * 281 ] estate of the said deceased, appointed on…
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Case against the defendants, as bailiffs and receivers of the plaintiffs, and assumpsit for money had and received. At the trial, which was had upon the general issue, before the chiel justice, November term, 1819, it was proved or admitted that the plaintiffs were the children, and five out of nine of the heirs at law of Abraham, Gibson, late of Boston, deceased, intestate ; that the defendants were * administrators of the [ * 281 ] estate of the said deceased, appointed on the 15th of July, 1816 ; and that J. P. Cooke, Esq. was duly appointed the guardian of the plaintiffs, on the 29th of…
1Opinion of the CourtPutnam, J.
The general question to be setted in this case is, whether the rents of the real estate of one who has deceased insolvent, belong to the executor or administrator for the benefit of the creditors, or to the heirs at law of the deceased. If to Ine latter, the plaintiffs are to recover in this action.
The defendants contend that they are entitled, inasmuch as the real estates of persons deceased are subjected * by [ * 285 ] law to the payment of their debts, and as the. rents follow the land, the legislature intended that creditors should have the incident as well as the principal.
Cases have…
2Cited by35 opinions
- Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
- McPike v. McPikeSupreme Court of Missouri · 1892
- Brooks v. JacksonMassachusetts Supreme Judicial Court · 1878
- Beardsley v. HallMassachusetts Supreme Judicial Court · 1935
- Commonwealth v. O'ConnellMassachusetts Supreme Judicial Court · 1931
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