Whittemore v. Swain
Massachusetts Supreme Judicial Court
Petition, filed in the Probate Court for the county of Suffolk February 8, 1906, to reach and apply in satisfaction of an execution of the petitioner against one Bullock funds alleged to be in the hands of commissioners who had, on a decree of partition, sold land in which Bullock had a part interest, the petitioner alleging that he had made an attachment of Bullock’s interest in the land before he procured the judgment upon which the execution issued; also a Bill in equity,…
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Petition, filed in the Probate Court for the county of Suffolk February 8, 1906, to reach and apply in satisfaction of an execution of the petitioner against one Bullock funds alleged to be in the hands of commissioners who had, on a decree of partition, sold land in which Bullock had a part interest, the petitioner alleging that he had made an attachment of Bullock’s interest in the land before he procured the judgment upon which the execution issued; also a Bill in equity, filed in the Supreme Judicial Court for the county of Suffolk May 22, 1906, by a creditor of Bullock to establish a…
1Opinion of the CourtHammond, J.
The first two cases are appeals, the one by Swain and the other by Holland, both from the same decree of the Probate Court. The third case is a bill in equity by Swain, filed in this court for the county of Suffolk. The cases were heard together by a justice of this court. In the cases on appeal from the Probate Court, the only question was whether Whittemore was entitled to be paid a certain sum out of the proceeds of the sale of certain real estate, the decree of the Probate Court being in his favor. In the bill in equity, this and other questions were involved in the hearing before the…
2Cases cited5 opinions
- Wiggin v. HeywoodMassachusetts Supreme Judicial Court · 1875
- Western Union Telegraph Co. v. CaldwellMassachusetts Supreme Judicial Court · 1886
- Gardner v. BarnesMassachusetts Supreme Judicial Court · 1871
- Hardy v. SaffordMassachusetts Supreme Judicial Court · 1882
- Judge v. HerbertMassachusetts Supreme Judicial Court · 1878
3Cited by6 opinions
- Moseley v. MoseleyMassachusetts Supreme Judicial Court · 1921
- Horn v. HitchcockMassachusetts Supreme Judicial Court · 1955
- Brouillard v. StimpsonMassachusetts Supreme Judicial Court · 1909
- McGrath v. Worcester County National BankMassachusetts Appeals Court · 1975
- Ellefsen v. MacCormacMassachusetts District Court, Appellate Division · 1957
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