Grow v. Dobbins
Massachusetts Supreme Judicial Court
Contract against the heirs of William Dobbins. Writ dated November 24,1876. The declaration alleged that, on January 19, 1872, the plaintiff executed to William Dobbins a lease of a parcel of land in Lowell for the term of ten years from date, Dobbins to pay rent at the rate of one hundred and fifty dollars a year in monthly instalments; that ten months’ rent to November 19, 1876, was due and unpaid ; that Dobbins died on August 6, 1873, and on September 2, 1873, his widow…
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Contract against the heirs of William Dobbins. Writ dated November 24,1876. The declaration alleged that, on January 19, 1872, the plaintiff executed to William Dobbins a lease of a parcel of land in Lowell for the term of ten years from date, Dobbins to pay rent at the rate of one hundred and fifty dollars a year in monthly instalments; that ten months’ rent to November 19, 1876, was due and unpaid ; that Dobbins died on August 6, 1873, and on September 2, 1873, his widow was appointed administratrix of his estate; that the time prescribed by law for the limitation of suits against her had…
1Opinion of the CourtGray, C. J.
The plaintiff did not allege or prove that the estate of the intestate had been settled when his right of action accrued. If it had not, the plaintiff had a remedy under the Gen. Sts. c. 97, §§ 8, 9, by application to the Probate Court and action against the administratrix, and therefore, by the express terms of e. 101, § 31, cannot maintain this action against the heirs. Hall v. Bumstead, 20 Pick. 2.
Exceptions overruled.
2Cited by9 opinions
- Forbes v. HarringtonMassachusetts Supreme Judicial Court · 1898
- Ames v. AmesMassachusetts Supreme Judicial Court · 1880
- Brooks v. RaynerMassachusetts Supreme Judicial Court · 1879
- Cantor v. NewtonMassachusetts Appeals Court · 1976
- Hammond v. GrangerMassachusetts Supreme Judicial Court · 1880
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