Wiggin v. Heywood
Massachusetts Supreme Judicial Court
Bill in equity, filed January 4, 1875, against C. H. Heywood, Francis Cogin, Robert B. Johnson and Jones S. Davis, alleging the following facts: On January 28, 1871, Jones S. Davis, being the owner of certain real estate in Holyoke and Chicopee, mortgaged it to the defendant Heywood to secure payment of $7500 on demand, with interest at seven per cent.
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Bill in equity, filed January 4, 1875, against C. H. Heywood, Francis Cogin, Robert B. Johnson and Jones S. Davis, alleging the following facts: On January 28, 1871, Jones S. Davis, being the owner of certain real estate in Holyoke and Chicopee, mortgaged it to the defendant Heywood to secure payment of $7500 on demand, with interest at seven per cent. On January 13, 1873, all the right, title and interest of Davis in said real estate was attached upon a writ against him in favor of the defendant, Cogin, in an action of contract upon a promissory note for $1000, signed by said Davis and…
1Opinion of the CourtGray, C. J.
By the statutes of the Commonwealth, all lands of a debtor, and all his rights of redeeming lands mortgaged, may be taken on execution; and all real estates liable to be taken on execution may be attached on the original writ, and “ held as security to satisfy such judgment as the plaintiff may recover,” and, if final judgment is rendered for him, “ shall be held thirty days after the judgment, in order to their being taken on execution.” Gen. Sts. c. 103, § 1; c. 123, §§ 32, 42.
The plaintiff, therefore, by his attachment, acquired a> lien on the land of his debtor, subject only to prior…
2Cases cited5 opinions
- M'Dermutt v. StrongNew York Court of Chancery · 1820
- Burton v. SmithSupreme Court of the United States · 1839
- Gardner v. BarnesMassachusetts Supreme Judicial Court · 1871
- Newhall v. Lynn Five Cents Savings BankMassachusetts Supreme Judicial Court · 1869
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3Cited by42 opinions
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- Chandler v. PrinceMassachusetts Supreme Judicial Court · 1914
- Greene v. JohnstonSupreme Court of Delaware · 1953
- W. A. H. Church, Inc. v. HolmesCourt of Appeals for the D.C. Circuit · 1931
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