Briggs v. Davis
Massachusetts Supreme Judicial Court
Bill in equity filed April 3, 1871, to redeem land in Lawrence from a mortgage. The mortgagee was duly summoned as a defendant, but did not appear. At April term 1871, Aldusta A. Briggs, formerly the plaintiff’s wife, (who obtained a divorce against him from bed and board in this court at April term 1864,) was on her motion joined by order of Morton, J., as a defendant, and the plaintiff alleged exceptions.
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Bill in equity filed April 3, 1871, to redeem land in Lawrence from a mortgage. The mortgagee was duly summoned as a defendant, but did not appear. At April term 1871, Aldusta A. Briggs, formerly the plaintiff’s wife, (who obtained a divorce against him from bed and board in this court at April term 1864,) was on her motion joined by order of Morton, J., as a defendant, and the plaintiff alleged exceptions. The case was after-wards heard by the chief justice and reserved for the determination of the full court, upon the pleadings, exceptions, and a statement of facts agreed by the plaintiff…
1Opinion of the CourtChapman, C. J.
The case comes before us upon the motion of Aldusta A. Briggs, the wife of the plaintiff, to be admitted as a party to the bill, in order that she may protect her rights. She had a right of dower in the premises, which she released by joining in the mortgage. She afterwards obtained a divorce against her husband from bed and board, with alimony which is secured by an attachment of this property. And this attachment stands continued for her security. Having thus a right to redeem if her husband did not, she brought a bill to redeem in the superior court, to which the defendant Davis demurred;…
2Cited by4 opinions
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