Eddy v. Winchester
Supreme Court of New Hampshire
Assumpsit, on a contract made in Massachusetts, where both parties resided when the suit was commenced, and still reside. Facts agreed. The action was commenced June 21, 1879, and tbe defendant’s real estate in this county attached on the same day.
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Assumpsit, on a contract made in Massachusetts, where both parties resided when the suit was commenced, and still reside. Facts agreed. The action was commenced June 21, 1879, and tbe defendant’s real estate in this county attached on the same day. At the April term, 1880, the defendant’s counsel suggested the pendency of proceedings in insolvency in Massachusetts, and moved that the action be continued to await the termination of those proceedings, and that he might plead his discharge, if obtained, in bar to the further maintenance of this action. He offered evidence that the firm of which…
1Opinion of the CourtSmith, J.
The insolvency proceedings in Massachusetts cannot operate to convey the defendant’s title to real estate in this state to his assignee. Title to real property can be acquired, passed, and lost, only according to the lex rei sites. Eyre v. Storer, 37 N. H. 114, 120-122, and authorities cited. But provision is made by the insolvency law of Massachusetts by which the insolvent debtor is required, at the expense of the estate, to make and execute such deeds and writings, and do such other acts and things, as the assignee may reasonably require, and which maj»- be necessary or useful for…
2Cited by2 opinions
- Crippen v. RogersSupreme Court of New Hampshire · 1892
- Crippen v. RogersSupreme Court of New Hampshire · 1892