Ramsdell v. Creasey
Massachusetts Supreme Judicial Court
This was a petition for partition, in which Ramsdell, the petitioner, alleged that he was seised of five eighth parts of two third parts of the land described in the petition, in common with certain persons unknown to him.
Read the full summary
This was a petition for partition, in which Ramsdell, the petitioner, alleged that he was seised of five eighth parts of two third parts of the land described in the petition, in common with certain persons unknown to him. At some former term of the court in this county, notice was ordered to be given in some public newspaper, pursuant to the provisions of the statute of 1783, c. 41, § 3, and, no person appearing, upon proof of the notice and proclamation made, to contest the petitioner’s claim, judgment was rendered that partition be made, and commissioners were appointed to make the same,…
1Opinion of the Court
By the Court.
The respondent has exhibited a legal title to the land claimed by her. It is the general right of a creditor recovering judgment against the effects of his deceased debtor, to extend his execution upon the lands of the deceased, (a) except in certain *182cases mentioned in our statutes, of which this was not one. Nor is there any mischief to be apprehended to the other creditors, if the administrator is faithful to iiis trust. If he is otherwise, the creditors have their remedy against him. It is by no means proper to take into consideration facts arising after an estate has once…
2Cases cited4 opinions
- Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
- Wyman v. BrigdenMassachusetts Supreme Judicial Court · 1808
- Boylston v. CarverMassachusetts Supreme Judicial Court · 1808
- Bigelow v. JonesMassachusetts Supreme Judicial Court · 1808
3Cited by6 opinions
- Commonwealth v. RyanMassachusetts Supreme Judicial Court · 1809
- Frost v. IlsleySupreme Judicial Court of Maine · 1867
- Wyman v. FoxSupreme Judicial Court of Maine · 1867
- FinniganMassachusetts Land Court · 1902
- Munroe v. LukeMassachusetts Supreme Judicial Court · 1837
1 more not listed; retrieve them via the Exa API.