Johnson v. Collins
Massachusetts Supreme Judicial Court
Contract for breach of warranty against incumbrances contained in a deed of land from the defendant to the plaintiff, dated July 11, 1870. Writ dated November 4, 1870. At the trial in the Superior Court, before Pitman, J., it appeared that the defendant was adjudicated a bankrupt September 2, 1872, and obtained a discharge on May 5, 1873. The plaintiff sought to obtain a special judgment against certain property of the defendant attached more than four months before the…
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Contract for breach of warranty against incumbrances contained in a deed of land from the defendant to the plaintiff, dated July 11, 1870. Writ dated November 4, 1870. At the trial in the Superior Court, before Pitman, J., it appeared that the defendant was adjudicated a bankrupt September 2, 1872, and obtained a discharge on May 5, 1873. The plaintiff sought to obtain a special judgment against certain property of the defendant attached more than four months before the filing of the petition in bankruptcy. There was evidence that the land conveyed was, at the time of the delivery of the…
1Opinion of the CourtMorton, J.
The plaintiff’s attachment, having been made more than four months befort the commencement by the defend*394ant of proceedings in bankruptcy, was not dissolved thereby. The lien created by it remains a continuing security for any judgment which the plaintiff may obtain in the suit in which it was made. It has been repeatedly decided that, in such a case, the court in which the suit is pending should render a qualified judgment, to be enforced only against the property attached, and not against other property or the person of the defendant. Bates v. Tappan, 99 Mass. 376. Bosworth v. Pomeroy, 112…
2Cases cited1 opinion
- Bates v. TappanMassachusetts Supreme Judicial Court · 1868
3Cited by12 opinions
- City of New York v. New York & South Brooklyn Ferry & Steam Transportation Co.New York Court of Appeals · 1921
- Ray v. WightMassachusetts Supreme Judicial Court · 1876
- City of N.Y. v. . N.Y. S.B. Ferry S.T. Co.New York Court of Appeals · 1921
- Shuck v. QuackenbushSupreme Court of Colorado · 1924
- Kelsey v. RemerSupreme Court of Connecticut · 1875
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