President of Portland Bank v. Hall
Massachusetts Supreme Judicial Court
This was a petition for partition, which was referred to the detei mination of the Court on a statement of facts agreed by the parties, to the following effect.
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This was a petition for partition, which was referred to the detei mination of the Court on a statement of facts agreed by the parties, to the following effect. The title to the premises, whereof the petitioners claimed one moiety, and prayed that the same might be set off to them, was formerly in one Daniel Tucker.' The respondent and one Jonathan Tucker, having indorsed sundry promissory notes of the said Daniel, amounting to $ 7756.18, which were negotiated to certain creditors of the said Daniel, for his prope°r debt, he conveyed the premises to them, the said Joel and Jonathan, in…
1Opinion of the Court
Curia.
The deed from Daniel Tucker to Jonathan Tucker and Joel Hall conveyed no estate to them which could be subject to attachment by their creditors ; for it conveyed no present estate, but operated merely as a pledge to secure them against a future contingency. Jonathan Tucker was never damnified by the liability he assumed for Daniel; and he cannot be damnified in future, the debt being paid. Had the attachment of the petitioners ever been valid, it would have ceased to hold the estate when the interest of the grantee was terminated ; which was when the debt was paid whfsh he had assured.…
2Cited by4 opinions
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