Legal Opinion

Wall v. Mason

Massachusetts Supreme Judicial Court

Decided October 15, 1869PublishedCited by 17 opinions

The first case was a bill in equity, filed March 13,1860, by Joseph Wall against John Mason and Joseph Thayer. The second case was a cross bill, filed in January 1868 by Ann Lynch, who, under the name of Nancy Burke, had then been joined as a defendant in the original bill.

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The first case was a bill in equity, filed March 13,1860, by Joseph Wall against John Mason and Joseph Thayer. The second case was a cross bill, filed in January 1868 by Ann Lynch, who, under the name of Nancy Burke, had then been joined as a defendant in the original bill. The bill in the first case alleged that, on December 12,1857, the defendant John Mason, for a valuable consideration, conveyed land in Rutland to the plaintiff Joseph Wall and to Thomas Wall, by a warranty deed with the usual covenants, and Thomas Wall afterwards conveyed all his interest in this land to the plaintiff, but…

1Opinion of the CourtChapman, C. J.

The original bill in favor of Joseph Wall against John Mason and Joseph Thayer, was brought to establish a right of subrogation to the title of the defendant Thayer' in certain property which Thayer held in mortgage. It was held that the plaintiff Lynch ought to be made a party, because she had set up a claim to share with Wall the right of subrogation. Having been brought in, she brings this cross bill for the purpose of establishing her right.

The plaintiff contends that she was a creditor of Thomas Wall, and that his conveyance to Joseph was fraudulent as to creditors. On the 18th of…

2Cited by17 opinions

  1. Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
  2. Stevens v. Stewart-Warner Speedometer Corp.Massachusetts Supreme Judicial Court · 1916
  3. Smith v. RumseyMichigan Supreme Court · 1876
  4. Home Owners' Loan Corp. v. BakerMassachusetts Supreme Judicial Court · 1937
  5. Whitlock v. Max Goodman & Sons Realty, Inc. (In Re Goodman Industries, Inc.)United States Bankruptcy Court, D. Massachusetts · 1982

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