Shaw v. Loud
Massachusetts Supreme Judicial Court
In this action, which was brought upon a mortgage deed for the recovery of certain lands in Weymouth, the parties agreed to certain facts, upon which the Court were to render judgment, to the following effect. . The demandants are the heirs at law of one John Tirrell, deceased, who, in his lifetime, signed two promissory notes, jointly with the said Loud, and as his surety, payable to one Nathaniel Bailey.
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In this action, which was brought upon a mortgage deed for the recovery of certain lands in Weymouth, the parties agreed to certain facts, upon which the Court were to render judgment, to the following effect. . The demandants are the heirs at law of one John Tirrell, deceased, who, in his lifetime, signed two promissory notes, jointly with the said Loud, and as his surety, payable to one Nathaniel Bailey. After the death of Tirrell, administration of his estate was commit ted to his widow, who gave the regular public notice of her said ap pointment, and of her acceptance of the trust. No de-…
1Opinion of the Court
Parker, C. J.,
delivered me opinion of the Court. There is no legal or equitable defence to this action. A deed made to the hern at law of a deceased person is good, because the persons who are to take can be ascertained by extrinsic testimony.†
As to the merits of the demand, of what consequence is it to Loud that the administratrix of Tirrell might have avoided payment, if she had chosen to stand upon her legal * rights, in- [*449] stead of submitting the demand to referees ? He remained liable, and a suit might have been maintained against him ; for the stat*392ute of limitations would not have…
2Cases cited3 opinions
- In re AllenMassachusetts Supreme Judicial Court · 1818
- Thompson v. BrownMassachusetts Supreme Judicial Court · 1819
- Scott v. HancockMassachusetts Supreme Judicial Court · 1816
3Cited by5 opinions
- Mason v. Kennebec & Portland Rail RoadSupreme Judicial Court of Maine · 1850
- Morris v. McKnightNorth Dakota Supreme Court · 1890
- Sams v. Port Royal & Augusta Railway Co.Supreme Court of South Carolina · 1881
- Fuller v. EdingsCourt of Appeals of South Carolina · 1858
- State Bank v. FowlerSupreme Court of Arkansas · 1860