Austin v. Gage
Massachusetts Supreme Judicial Court
Covenant broken by the plaintiff, as assignee of one William Elliot, against the defendants, as heirs at law of Josiah Gage, deceased The declaration states that the said Josiah, deceased, and one James Wilson, (whose heirs were originally joined in the action with the present defendants, but were afterwards struck out by consent,) on the 30th of August, 1768, by their deed duly executed, &c., for a valuable consideration therein mentioned, bargained and sold to the said…
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Covenant broken by the plaintiff, as assignee of one William Elliot, against the defendants, as heirs at law of Josiah Gage, deceased The declaration states that the said Josiah, deceased, and one James Wilson, (whose heirs were originally joined in the action with the present defendants, but were afterwards struck out by consent,) on the 30th of August, 1768, by their deed duly executed, &c., for a valuable consideration therein mentioned, bargained and sold to the said Elliot a certain tract of land in Dracut, containing seventy acres, to have and to hold to him, his heirs and assigns, to…
1Opinion of the Court
The Court
said that lands descended in another state cannot be considered as assets in this state. Of consequence, the plaintiff was not entitled to recover against the defendants, and he must therefore be called, (a)
Plaintiff nonsuit.
[Doolittle vs. Lewis, 7 Johns. Ch. Rep. 5. — Morrill vs. Dilkey, 1 Johns. Ch. Rev 153.— Williams vs. Storrs, 6 Johns. Ch. Rep. 353. — Ed.]
2Cases cited2 opinions
- Williams v. StorrsNew York Court of Chancery · 1822
- Neafie v. NeafieNew York Court of Chancery · 1823
3Cited by5 opinions
- Beardsley v. HallMassachusetts Supreme Judicial Court · 1935
- Kohler v. KnappNew York Surrogate's Court · 1850
- Jennison v. HapgoodMassachusetts Supreme Judicial Court · 1830
- Julian v. Boston, Clinton, Fitchburg & New Bedford RailroadMassachusetts Supreme Judicial Court · 1880
- Hooker v. OlmsteadMassachusetts Supreme Judicial Court · 1828