Ipswich Manufacturing Co. v. Story
Massachusetts Supreme Judicial Court
This was a writ of review, brought by the Ipswich Manufacturing Company, to reverse a judgment recovered against them by Jonathan Story, executor of the will of Elizabeth Cogswell, at the November term 1839. That judgment was rendered on a special writ of entry, commenced by said Elizabeth, in her life time, and prosecuted by her executor, after her decease; in which writ she demanded possession of certain parcels of real estate in Ipswich, by virtue of two distinct…
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This was a writ of review, brought by the Ipswich Manufacturing Company, to reverse a judgment recovered against them by Jonathan Story, executor of the will of Elizabeth Cogswell, at the November term 1839. That judgment was rendered on a special writ of entry, commenced by said Elizabeth, in her life time, and prosecuted by her executor, after her decease; in which writ she demanded possession of certain parcels of real estate in Ipswich, by virtue of two distinct mortgages ; on one of which she claimed as assignee thereof, and on the other, as original mortgagee. Plea, the general issue.…
1Opinion of the CourtShaw, C. J.
The original action, of which this is a review, was a special writ of entry, prosecuted by the original demand-ant, as executor of the last will of Elizabeth Cogswell deceased, in his representative capacity, to foreclose a mortgage, upon which it is alleged money was due to his testatrix. Such action, when the facts are sufficient to maintain it, is given by the Rev. Sts. c. 65, § 11, which make a mortgage of real estate, not foreclosed by the mortgagee, or his assignee, in his life time, to gether with the debt due thereon, assets in the hands of his executor or administrator. But, as the…
2Cases cited2 opinions
- Stevens v. GaylordMassachusetts Supreme Judicial Court · 1814
- Winship v. BassMassachusetts Supreme Judicial Court · 1815
3Cited by3 opinions
- State v. SmithSupreme Judicial Court of Maine · 1944
- In re the Guardianship of WilliamsonWashington Supreme Court · 1913
- Sargent v. WallisTexas Supreme Court · 1887