French v. Morse
Massachusetts Supreme Judicial Court
Action of contract on the covenant against incumbrances, contained in a deed of land in Lowell, made by the defendant to the plaintiff on the 28th of October 1836. The breach of covenant relied on was the existence, when said deed was made, of a mortgage made by a former proprietor of the land, which mortgage the plaintiff, since the 1st of May 1842, had been compelled to discharge, by the payment of $924, in order to °ecure his title to the land, and prevent a foreclosure…
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Action of contract on the covenant against incumbrances, contained in a deed of land in Lowell, made by the defendant to the plaintiff on the 28th of October 1836. The breach of covenant relied on was the existence, when said deed was made, of a mortgage made by a former proprietor of the land, which mortgage the plaintiff, since the 1st of May 1842, had been compelled to discharge, by the payment of $924, in order to °ecure his title to the land, and prevent a foreclosure of the mortgage. The defendant, in his answer, relied on a certificate of discharge duly granted to him by a master in…
1Opinion of the CourtMetcalf, J.
A discharge under the insolvent law of this commonwealth (St. 1838, c. 163) does not extend to debts founded on contracts made before it was passed, unless the creditor elects to prove such debts, under that law. And as the contract, for breach of which this action is brought, was made nearly two years before the statute of 1838 went into operation, and the plaintiff did not prove any claim against the defendant, for breach of this contract, it is clear that the defendant’s discharge under that statute is not a bar to this action. Besides; if the plaintiff had presented his claim for proof,…
2Cases cited3 opinions
- Timothy L. MacE in Error v. Jared WellsSupreme Court of the United States · 1848
- Jemison v. BlowersNew York Supreme Court · 1849
- Wells v. MaceSupreme Court of Vermont · 1845
3Cited by2 opinions
- In Re Distrigas Corp.United States Bankruptcy Court, D. Massachusetts · 1986
- Sayre v. GlennSupreme Court of Alabama · 1888