Bissell v. Strong
Massachusetts Supreme Judicial Court
From the answers of Merrick it appeared, that he had become surety for'Strong to the Hampden bank, for about $500, and that D. B. Bush, in September 1829, as agent of Merrick, took of Strong an absolute deed to Merrick of certain real estate, in order to secure him against this liability.
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From the answers of Merrick it appeared, that he had become surety for'Strong to the Hampden bank, for about $500, and that D. B. Bush, in September 1829, as agent of Merrick, took of Strong an absolute deed to Merrick of certain real estate, in order to secure him against this liability. Bush informed Merrick that the deed was also to be held as security for Bush’s claims against Strong, amounting to $400. The real estate was at that time incumbered by mortgages and attachments. The deed was recorded on October 1st, 1829. The writ in this case was dated December 26th, 1829, and before it was…
1Opinion of the Court
Wilde J.
afterward drew up the opinion of the.Court. That the process of foreign attachment, or trustee process, does not extend to lands held by the trustee in trust, or as collateral security, or by a conveyance fraudulent against creditors, is very clear, we think, from the language of the statute and the current of the authorities. The words goods and effects, in their ordinary signification, designate personal property, and not real estate ; and in this sense they are manifestly used in the statute. In the fifth section, the court is directed to award execution, in case the trustee is not…
2Cases cited1 opinion
- Russell v. LewisMassachusetts Supreme Judicial Court · 1818