Elmore v. Symonds
Massachusetts Supreme Judicial Court
Contract by the trustee in bankruptcy of the estate of John-H. Mullen for the rents of certain real estate to- which Mullen* was entitled as tenant by the curtesy. In the Superior Court the case was tried before- Sherman, J., without a jury. He ruled that the plaintiff was not entitled to recover and found for the defendant. The plaintiff alleged exceptions.
1Opinion of the CourtBraley, J.
Generally all property and rights of property belonging to a debtor at the time he is adjudicated a bankrupt are assets which pass to his trustee to be administered for the benefit of his creditors. Though the life estate of Mullen as tenant by the curtesy was subject to' first mortgages placed on the property in the lifetime of his wife, yet his interest therein could have been seised on execution and applied in payment of his debts, and the plaintiff, as his trustee, by force of law was *322vested with the title thereto which dated from the time of adjudication on the petition, and the transfer…
2Cases cited20 opinions
- Walker v. BrownSupreme Court of the United States · 1897
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Bank v. ShermanSupreme Court of the United States · 1880
- Ketchum v. St. LouisSupreme Court of the United States · 1880
- Dillon v. BarnardSupreme Court of the United States · 1875
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3Cited by25 opinions
- In Re Prichard Plaza Associates Ltd. PartnershipUnited States Bankruptcy Court, D. Massachusetts · 1988
- Delano v. SmithMassachusetts Supreme Judicial Court · 1910
- Lamson & Co. v. AbramsMassachusetts Supreme Judicial Court · 1940
- Westall v. WoodMassachusetts Supreme Judicial Court · 1912
- Coram v. DavisMassachusetts Supreme Judicial Court · 1911
20 more not listed; retrieve them via the Exa API.