Massachusetts Supreme Judicial Court, 1856

Ensign v. Briggs

Ensign v. Briggs
Massachusetts Supreme Judicial Court · Decided September 15, 1856 · Metcalf
72 Mass. 329

Ensign v. Briggs

Opinion of the Court

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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