Smith v. Manning

Massachusetts Supreme Judicial Court

Smith v. Manning

9 Mass. 422

CourtMassachusetts Supreme Judicial Court

DecidedNovember 15, 1812

StatusPublished

This text of 9 Mass. 422 (Smith v. Manning) 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

Smith v. Manning, 9 Mass. 422 (Mass. 1812).

Pincite

Opinion

But the Court, on looking into the statute, (1798, c. 77, <§>!,) observed that the party entitled to this process is the mortgagor or vendor, or other person lawfully claiming under them. In case of the death of the mortgagor, the * plaintiff must entitle himself either as assignee or as heir. But no provision is made for the heir to come in on the death of the plaintiff pending the suit. The bill in equity must, therefore, abate,

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But the Court, on looking into the statute, (1798, c. 77, <§>!,) observed that the party entitled to this process is the mortgagor or vendor, or other person lawfully claiming under them. In case of the death of the mortgagor, the * plaintiff must entitle himself either as assignee or as heir. But no provision is made for the heir to come in on the death of the plaintiff pending the suit. The bill in equity must, therefore, abate,

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Bluebook (online)

9 Mass. 422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-manning-mass-1812.