Smith v. Manning

Decided November 15, 1812

Massachusetts Supreme Judicial Court · decided 1812-11-15

This was a bill in equity, brought to redeem certain tenements mortgaged by the plaintiff to the defendant’s testator. The death of the plaintiff being suggested on the record, Putnam moved that her* executor might be admitted to prosecute the suit.

Cited by 2 later decisions — most recently November 1860

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1812-11-15

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¶1But 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, (a)

¶2[In Putnam & Al. vs. Putnam, (4 Pick. 139,) it was held the heirs might renew the suit by a bill of revivor.—Ed.]