Carver v. Peck
Massachusetts Supreme Judicial Court
Bill in equity, filed September 27, 1879, alleging that the defendant owed the plaintiff $248.40, for use and occupation of a dwelling-house and land in Boston; that on July 16, 1878, certain letters patent of the United States were granted to the defendant, which he still owned; that the patent was of great value; that the defendant had no other visible property which could be applied to his indebtedness, and refused to apply this patent, or any of the proceeds thereof, to…
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Bill in equity, filed September 27, 1879, alleging that the defendant owed the plaintiff $248.40, for use and occupation of a dwelling-house and land in Boston; that on July 16, 1878, certain letters patent of the United States were granted to the defendant, which he still owned; that the patent was of great value; that the defendant had no other visible property which could be applied to his indebtedness, and refused to apply this patent, or any of the proceeds thereof, to the payment of that indebtedness; and that the plaintiff had not a plain, adequate or sufficient remedy at law. The…
1Opinion of the CourtGray, C. J.
As the process of a court of chancery operates in personam, it is within the power of such a court, having jurisdiction of the person of the defendant, to compel or restrain a conveyance of his interest in personal property, or even in real estate, although the property or estate is itself outside the territory to which the jurisdiction of the court is limited. Massie v. Watts, 6 Crunch, 148,158-160. Dehon v. Foster, 4 Allen, 545, and 7 Allen, 57.
The incorporeal and intangible right of an inventor or an author in a patent or a copyright cannot be taken on execution at law; and a general…
2Cases cited5 opinions
- Stevens v. GladdingSupreme Court of the United States · 1855
- Stephens v. CadySupreme Court of the United States · 1853
- M'Dermutt v. StrongNew York Court of Chancery · 1820
- Wiggin v. HeywoodMassachusetts Supreme Judicial Court · 1875
- Phœnix Insurance v. AbbottMassachusetts Supreme Judicial Court · 1879
3Cited by26 opinions
- Ager v. MurraySupreme Court of the United States · 1882
- Stockbridge v. MixerMassachusetts Supreme Judicial Court · 1913
- Foster v. EvansMassachusetts Supreme Judicial Court · 1981
- Alexander v. McPeckMassachusetts Supreme Judicial Court · 1905
- Cavadi v. DeYesoMassachusetts Supreme Judicial Court · 2011
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