Scott v. Hancock
Massachusetts Supreme Judicial Court
This was a petition of the said Dorothy, as she was administratrix of the estate of John Hancock, Esquire, deceased, intestate, alleging, that the goods and chattels belonging to the estate of the said deceased were not sufficient, by the sum of $13,059.39, to answer the demands exhibited against the said estate ; and praying for license to sell so much of the real estate of the said deceased, as should be necessary to satisfy the said sum, with incidental charges.
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This was a petition of the said Dorothy, as she was administratrix of the estate of John Hancock, Esquire, deceased, intestate, alleging, that the goods and chattels belonging to the estate of the said deceased were not sufficient, by the sum of $13,059.39, to answer the demands exhibited against the said estate ; and praying for license to sell so much of the real estate of the said deceased, as should be necessary to satisfy the said sum, with incidental charges. The petition was filed November term, 1814, and was accompa nied by a certificate, from the judge of probate for this county, of…
1Opinion of the CourtJackson, J.
All the real estate of a deceased debtor is, by our law, liable for the payment of his debts. If he dies insolvent, the whole real estate is sold, and the proceeds are divided ratably among all his creditors. If his estate is solvent, each creditor may enforce his lien upon the real estate, against whomsoever he may find in possession of it, whether an heir, devisee, or a grantee of either of them. The claim of the creditor is paramount to every title, that can be acquired after the decease of the debtor. This lien, if it were as unlimited in its duration as in its extent, would nearly…
2Cited by25 opinions
- Wyman v. CampbellSupreme Court of Alabama · 1838
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Mooers v. WhiteNew York Court of Chancery · 1822
- Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
- Sanderson's Administrators v. SandersonSupreme Court of Florida · 1880
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