Bresnihan v. Sheehan
Massachusetts Supreme Judicial Court
Bill in EQUITY, under the Gen. Sts. c. 113, § 2, against John Sheehan and Ellen Sheehan, his wife. Ellen Sheehan demurred for want of equity. Hearing upon the bill and demurrer, before Ames, J., who reserved the case for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtColt, J.
Under our statute, a creditor may maintain a bill in equity to reach and apply in payment of his debt any property, right, title or interest, legal or equitable, of a debtor which cannot be come at to be attached or taken on execution. Gen. Sts. c. 113, § 2, cl. 11. A creditor may thus reach the equitable assets of his debtor, without having exhausted his remedies at law or reduced his claim to a judgment. Tucker v. McDonald, 105 Mass. 423. He may enforce in his own name and for his own benefit, to the extent of his interest as creditor, the equitable *12title of Ms debtor to any property, real…
2Cases cited6 opinions
- Oliver v. PiattSupreme Court of the United States · 1845
- Day v. . RothNew York Court of Appeals · 1858
- Snow v. PaineMassachusetts Supreme Judicial Court · 1874
- Tucker v. McDonaldMassachusetts Supreme Judicial Court · 1870
- Robinson v. TrofitterMassachusetts Supreme Judicial Court · 1872
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3Cited by25 opinions
- Little v. ChadwickMassachusetts Supreme Judicial Court · 1890
- Druker v. DrukerMassachusetts Supreme Judicial Court · 1941
- Mickelson v. BarnetMassachusetts Supreme Judicial Court · 1984
- Locke v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1935
- Evangelical Synod of North America v. SohoeneichSupreme Court of Missouri · 1898
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