Lynde v. McGregor
Massachusetts Supreme Judicial Court
Bill in equity by the assignees of Edward P. Boardman, an insolvent debtor, against Boardman, his wife, and John Mc-Gregor.
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Bill in equity by the assignees of Edward P. Boardman, an insolvent debtor, against Boardman, his wife, and John Mc-Gregor. At the hearing before Gray, J., upon the bill, answers, replication and proofs, the case appeared to be as follows : Boardman and wife, (who were married since I860,) on the 20th of May 1864 executed to McGregor a promissory note for the sum of $6500, together with a mortgage of her land in Milton, in which her husband bad an estate by the curtesy, expressed to be made to secure the payment of this promissory note, and containing a power of sale. The only consideration…
1Opinion of the CourtGray, J.
By the statutes of this commonwealth, the real estate of Mrs. Boardman remained, notwithstanding her marriage, her separate property, not subject to the interference and control of her husband, or liable for his debts; and might be conveyed away by her, either with his assent in writing, or without such assent with the approval of a judge of this court or of the superior court or the probate court. Gen. Sts. c. 108, §§ 1, 3. Hills v. Bearse, 9 Allen, 403. Staples v. Brown, ante, 64. These statutes are inconsistent with the hypothesis that the husband has any estate in his wife’s land, which…
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