Bridges v. Miles
Massachusetts Supreme Judicial Court
Writ of entry, dated May 20,1889, brought by the assignee in insolvency of Mary L. Rose, to recover two parcels of land in Deerfield. Plea nul disseisin, with a specification of defence that the tenant had never been in possession of the demanded premises, and made no claim thereto except as the mortgagee named in a mortgage from the insolvent debtor, which was averred by him to be valid, dated March 2, 1889, and duly recorded.
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Writ of entry, dated May 20,1889, brought by the assignee in insolvency of Mary L. Rose, to recover two parcels of land in Deerfield. Plea nul disseisin, with a specification of defence that the tenant had never been in possession of the demanded premises, and made no claim thereto except as the mortgagee named in a mortgage from the insolvent debtor, which was averred by him to be valid, dated March 2, 1889, and duly recorded. Trial in the Superior Court, without a jury, before Dewey, J., who reported the case for the determination of this court, in substance as follows. Mrs. Rose, for…
1Opinion of the CourtC. Allen, J.
This case was tried by the court, without a jury, and the judge found that Mrs. Rose, when she gave the mortgages, had in fact no intention of going into insolvency, or of violating in any way the provisions of the insolvent laws, and that she believed that she had sufficient property to pay all her debts, and expected to continue the prosecution of her business; and no question is saved in the report in respect to this finding. He also found, as a fact, that the tenant, when he took the mortgages, did not have reasonable cause to believe that Mrs. Rose was in contemplation of insolvency, or…
2Cases cited3 opinions
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- Sartwell v. NorthMassachusetts Supreme Judicial Court · 1887
- Cook v. HolbrookMassachusetts Supreme Judicial Court · 1888
3Cited by7 opinions
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- Leighton v. MorrillMassachusetts Supreme Judicial Court · 1893
- Bolster v. GravesMassachusetts Supreme Judicial Court · 1905
- Jaquith v. Winnisimmet National BankMassachusetts Supreme Judicial Court · 1902
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