O'Hare v. Downing
Massachusetts Supreme Judicial Court
Bill in equity, filed August 13, 1880, against Oliver H. Downing and Benjamin F. Bayley, alleging that, on January 29, 1873, Eliza J. Bruce was seised in fee simple in her own right of a certain parcel of real estate in Boston; that, on that day, all her real estate in the county of Suffolk was attached in an action at law, upon a writ dated January 29,1873, and returnable at the next April term of the Superior Court, in which writ Bruce was named as defendant and Downing as…
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Bill in equity, filed August 13, 1880, against Oliver H. Downing and Benjamin F. Bayley, alleging that, on January 29, 1873, Eliza J. Bruce was seised in fee simple in her own right of a certain parcel of real estate in Boston; that, on that day, all her real estate in the county of Suffolk was attached in an action at law, upon a writ dated January 29,1873, and returnable at the next April term of the Superior Court, in which writ Bruce was named as defendant and Downing as plaintiff; that the writ was duly entered in court, and, on June 24,1880, judgment was entered for the plaintiff in the…
1Opinion of the CourtGray, C. J.
The points taken in the argument for the defendant are inconsistent with well-settled rules of equity jurisdiption and practice.
A court of chancery will restrain by injunction a threatened levy of execution upon real estate which is not legally subject to such a levy, and thus prevent a cloud upon the title, without compelling the owner of the land to wait until the levy has been completed, and then admit himself to be disseised, in order to maintain a writ of entry. Clouston v. Shearer, 99 Mass. 209. Hinchley v. Greany, 118 Mass. 595. Russell v. Deshon, 124 Mass. 342. Tucker v. Kenniston, 47…
2Cases cited7 opinions
- City of Taunton v. TaylorMassachusetts Supreme Judicial Court · 1874
- Clouston v. ShearerMassachusetts Supreme Judicial Court · 1868
- Russell v. DeshonMassachusetts Supreme Judicial Court · 1878
- Hinchley v. GreanyMassachusetts Supreme Judicial Court · 1875
- Mason v. DalyMassachusetts Supreme Judicial Court · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Brown v. TrentSupreme Court of Oklahoma · 1912
- Chapman v. BrewerSupreme Court of the United States · 1885
- McArthur v. Hood Rubber Co.Massachusetts Supreme Judicial Court · 1915
- Richards v. RichardsMassachusetts Supreme Judicial Court · 1930
- Tennant's Heirs v. FrettsWest Virginia Supreme Court · 1910
13 more not listed; retrieve them via the Exa API.