Garnsey v. Gardner
Supreme Judicial Court of Maine
Bill in Equity, brought by the plaintiff as administrator of Robert It. Haskins-, late of Bangor, against John Gardner, of Boston.
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Bill in Equity, brought by the plaintiff as administrator of Robert It. Haskins-, late of Bangor, against John Gardner, of Boston. It appears by the bill of complaint, that, in 1833, Gardner recovered judgment against John Butterfield, of Milford, for §78,81, debt, and §17,48, costs, and Haskins, having been a reeeipter on the writ, and surety for the payment of the debt, paid the debt and costs recovered, to the officer having the execution, who paid it to Gardner’s attorney. The officer delivered the execution to Haskins, it not having been discharged or annulled. In 1846, Haskins, in the…
1Opinion of the Court
The opinion of the Court was drawn up by
May, J.
In case of a levy upon real estate, it is provided by our R. S. of 1857, c. 76, § 14, that, "when the debt had been previously assigned, for a valuable consideration, the creditor named in the execution holds an estate levied on to satisfy it in trust for his assignee, who is entitled to a conveyance thereof which may be enforced by a bill in equity.” This provision is but a reenactment of the R. S. of 1841, *170c. 94, § 18. Jurisdiction is also conferi’ed upon this Court as a Court of Equity, "for relief in cases of fraud, trusts, accident or…
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