Buffum v. Deane
Massachusetts Supreme Judicial Court
Bill in equity, filed on the 29th of March 1853, for an account of the proceeds of real estate taken by the defendant Deane, an attorney, in trust, under an agreement with certain of his clients who, in seven different actions against Henry S. Mansfield, had successively attached the estate, which was an equity of redemption, in the order specified in the agreement, and recovered judgments, and within thirty days afterwards placed the executions issued thereon in the hands…
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Bill in equity, filed on the 29th of March 1853, for an account of the proceeds of real estate taken by the defendant Deane, an attorney, in trust, under an agreement with certain of his clients who, in seven different actions against Henry S. Mansfield, had successively attached the estate, which was an equity of redemption, in the order specified in the agreement, and recovered judgments, and within thirty days afterwards placed the executions issued thereon in the hands of a deputy sheriff, to tie levied on said estate; on which executions the estate had been seized by the sheriff, and…
1Opinion of the Court
Metcalf, J.*
No authority to which we were referred in the argument of this case affords us any assistance in deciding it. The decision depends entirely upon the legal effect of the express agreement of the several judgment creditors of Mansfield, which was made with reference to the special facts therein recited, By that agreement, they authorized Deane to purchase Mansfield’s equity of redemption, at the price of the aggregate amount of their judgments against him, including costs of levy *388and interest up to the time of such purchase; to take a deed of the premises in his own name, in trust…
2Cases cited4 opinions
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Gale v. WardMassachusetts Supreme Judicial Court · 1817
- Dade v. IrwinSupreme Court of the United States · 1844
- Gaylord v. CouchSupreme Court of Connecticut · 1811