Freeland v. Freeland
Massachusetts Supreme Judicial Court
Writ of entry to foreclose a mortgage of land in Sutton, made to the demandant by his brother, Freeman Freeland, and purporting to be in consideration of $5500. At the trial in the superior court, before Brigham, C. J., without a jury, the tenant, who was the wife of Freeman Freeland, proved that George F. Verry was duly appointed assignee in insolvency of her húsband ; that the estate of her husband was duly assigned to Verry by the judge in insolvency; “that Verry entered…
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Writ of entry to foreclose a mortgage of land in Sutton, made to the demandant by his brother, Freeman Freeland, and purporting to be in consideration of $5500. At the trial in the superior court, before Brigham, C. J., without a jury, the tenant, who was the wife of Freeman Freeland, proved that George F. Verry was duly appointed assignee in insolvency of her húsband ; that the estate of her husband was duly assigned to Verry by the judge in insolvency; “that Verry entered upon and took possession of the mortgaged premises, the demandant not being in possession; that, for the purpose of…
1Opinion of the CourtGray, J.
By the insolvent law of this Commonwealth, the assignment from the judge of insolvency vests in the assignee not only all the property of the debtor, real or personal, which he could have lawfully sold, assigned or conveyed, but all that could have been taken on execution on a judgment against him at the time of the first publication of notice of the issuing of the warrant in insolvency; (which includes lands fraudulently conveyed by the debtor with intent to defeat, delay or hinder his creditors; Gen. Sts. c. 103, § 1;) and also all rights of action for goods or estate, real or personal, as…
2Cases cited3 opinions
- Harvey v. VarneyMassachusetts Supreme Judicial Court · 1867
- Tuite v. StevensMassachusetts Supreme Judicial Court · 1867
- Maraman v. TrunnellCourt of Appeals of Kentucky · 1860
3Cited by26 opinions
- Thomas v. BealsMassachusetts Supreme Judicial Court · 1891
- Saunders v. DunnMassachusetts Supreme Judicial Court · 1900
- Chapin v. JenkinsSupreme Court of Kansas · 1893
- Hannan v. HannanMassachusetts Supreme Judicial Court · 1877
- Wasserman v. TonelliMassachusetts Supreme Judicial Court · 1961
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