Burgess v. Graffam
U.S. Circuit Court for the District of Massachusetts
In Equity. Bill for relief. This bill, brought by.Christine J. Burgess, of Providence, Rhode Island, against sundry citizens of Massachusetts, charged that the defendants Graffam and Newhall severally obtained judgments against her, in Massachusetts, upon pretended debts not justly due them, of $28 and $30, respectively, with costs; and that they and the attorney and deputy sheriff, and the other defendants, conspired to deprive her of a house and land in Melrose, used by…
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In Equity. Bill for relief. This bill, brought by.Christine J. Burgess, of Providence, Rhode Island, against sundry citizens of Massachusetts, charged that the defendants Graffam and Newhall severally obtained judgments against her, in Massachusetts, upon pretended debts not justly due them, of $28 and $30, respectively, with costs; and that they and the attorney and deputy sheriff, and the other defendants, conspired to deprive her of a house and land in Melrose, used by her as a residence in summer, and worth $10,000, with no encumbrance upon it; that they carried out the conspiracy by…
1Opinion of the CourtLowell, C. J.
Of the actions against her the defendant had notice, and she cannot aver and prove, in this collateral suit, that they were not founded upon just debts. By a recent statute of Massachusetts the powder of a judgment creditor to sell his debtor’s lands at auction, which was formerly confined to equities of redemption, has been extended to unencumbered estates. St. 1874, c. 188; Hackett v. Buck, 128 Mass. 369; Woodward v. Sartwell, 129 Mass. 210. No notice is required to be given to the debtor unless he is found within the county. A notice must be posted in the town, and one in each of two…
2Cases cited4 opinions
- Neale v. NealesSupreme Court of the United States · 1870
- Woodward v. SartwellMassachusetts Supreme Judicial Court · 1880
- Hackett v. BuckMassachusetts Supreme Judicial Court · 1880
- National Bank of North America v. Norwich Savings SocietySupreme Court of Connecticut · 1870