Ensign v. Briggs

Massachusetts Supreme Judicial Court

Ensign v. Briggs

72 Mass. 329

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1856

StatusPublished

This text of 72 Mass. 329 (Ensign v. Briggs) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ensign v. Briggs, 72 Mass. 329 (Mass. 1856).

Pincite

Opinion

Metcalf, J.

Assuming that this real estate was attached in due form on the writ against Ensign and Jones, yet the conveyance thereof to the partners gave the legal title to them as tenants in common, though it was purchased with partnership funds, and used for partnership purposes. Peck v. Fisher, 7 Cush. 390, and cases there cited. The attachment, upon a writ against them as individuals, could only reach the several interest of each partner, and a failure "to dissolve such an attachment was no ground for proceedings in insolvency against the partnership. Proceedings in insolvency stayed.

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Metcalf, J.

Assuming that this real estate was attached in due form on the writ against Ensign and Jones, yet the conveyance thereof to the partners gave the legal title to them as tenants in common, though it was purchased with partnership funds, and used for partnership purposes. Peck v. Fisher, 7 Cush. 390, and cases there cited. The attachment, upon a writ against them as individuals, could only reach the several interest of each partner, and a failure "to dissolve such an attachment was no ground for proceedings in insolvency against the partnership. Proceedings in insolvency stayed.

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Bluebook (online)

72 Mass. 329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ensign-v-briggs-mass-1856.