Howes v. Burt

This is a writ of entry to recover a tract of land in Hawley, brought by the assignee in insolvency of Silas Dodge against Sumner Burt and Silas Dodge. The demandant having put in evidence the assignment to him from the judge of insolvency, the tenants offered to show that the proceedings in insolvency were irregular, because the notices required by statute were not duly given and published. The court rightly excluded this evidence. The statute provides that “in suits prosecuted by the assignee, the assignment made by the judge shall be conclusive evidence of his authority to sue.” Gen. Sts.…