Legal Opinion

Wright v. Bosworth

Superior Court of New Hampshire

Decided July 15, 1835PublishedCited by 1 opinion

In this case an auditor was appointed to state the accounts between the supposed trustee, Bosworth, and the principal, Ford, who in his report stated, among other things, the following facts : On the 20th February, 1820, Ford and his wife Anne, being seized in her right of a certain farm in Lebanon, in this county, conveyed the same in fee and in mortgage to P. Parkhurst, to secure a debt due from Ford to Parkhurst.

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In this case an auditor was appointed to state the accounts between the supposed trustee, Bosworth, and the principal, Ford, who in his report stated, among other things, the following facts : On the 20th February, 1820, Ford and his wife Anne, being seized in her right of a certain farm in Lebanon, in this county, conveyed the same in fee and in mortgage to P. Parkhurst, to secure a debt due from Ford to Parkhurst. On the 28th April, 1825, there being then due upon the mortgage the sum of $760, Bosworth paid Parkhurst that sum, who, by release, conveyed the land again to Ford and wife ; and…

1Opinion of the Court

Richardson, C. J,,

delivered the opinion of the court,*

It is clear, that real estate is neither goods, money, chattels, rights, or credits, within the meaning of the statute regulating foreign attachments. 9 Pick. 562; 6 do. 474; 4 do. 57; 5 Mass. R. 390.

But a credit may arise out of real estate, for which a trustee may be charged. 9 Pick. 562 ; 11 do. 101.

Whenever the trustee becomes indebted to the principal by reason of the land in any way, such debt is a credit within the meaning of the statute.

The question then is, whether Bosworth can be considered as indebted to Ford by reason of the…

2Cases cited1 opinion

  1. How v. FieldMassachusetts Supreme Judicial Court · 1809

3Cited by1 opinion

  1. Demerit v. LyfordSuperior Court of New Hampshire · 1853

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