Worcester daily spy., 1861-12-27
supreme sua,er,i ooart isessa, ,,ee,sioaa.

Re,tben ioyt st a. t. EHiak B. st5idard---
An assignee in insolvency j not maze liable for
rent Of premises detlise 10 his s''Isseni debt
or, merely by accepting ty'e trust anisV;eir-
ing deed OF assignniey1i OF the doDtor 's's-
tale. P. G. Bacon fo/ plaintiff; & B, Stcd
dard pro Sc.
! William Bradi1y0 y. 1athd9 GeoiYe.- One wht
takes a deed OF warranty OF portion OF par
eel OF land the |ioe ot "het IS SUBJECT to q
mortgage, may MAINTAIN biiI m equity TO re
deem the sasAie against subsequent assignee
of the mon fgaGe' without contribution, il Tie
remaining Roftion OF the 'a'd IS Sufficient 10
satisfy theA mortgage dtbt IN full although
such assgNee may aiso nave become ihe own
er of the rN olaiinng portion OF the land. t.
| g. Kent foa me plalnttf; /. Deane for de-
fendsnt.
| Dst,1d BreI$f 2. F}tch Vncdesser.- III
er, under lBe.figage VIVA power q sale, con.
| tanning autliUfA " % tHe ihortgasee upon sale
/ :'to execute at6A AeiiNer Ia MS oWnnaine, or IN
| the name of the Vnorga99r goou sld suif-
cient deed to the Nurchaser the ,est2ie OF the
| mortgage is OF sucr% a characlef ih9t on a SAFE
] after the death OF thA uloriR"8or. tae mofiSa-
| gee can make a periees '!ie 20 tue purchaser,
! quCere? But if such puit,2aSer mas refused TO
| accept deed from the moiteagGS upon aholll-
| er and distinct ground; he cannot NsIetNards,
| in answer tn suit upon note given lor the
| puEcbase money. avail himself ot the }9cath OF
the mortgagor and detective ,itle as tJeiehce.
lie has waived this objection by relying solely
upon the other 7. G. Kent for piaihutii L.
c. Bacon for defendant
iHdretc ! bt0lhqiome'0 4. PfeCosi5es -'ich{n-
StFg-Thi5 court has jurisdiction in equity 10
compel the grantee u fraulneut mortgage
9f real estate, who o5. the mortgage with
knowledge OF the fraudi to transicrsthe sane
to the assigned in insolvency Of the grahtor
! T.. l. Nelson FOR she plaintiff twas is..eesiqd
upopi; e ] /. Dewey for ihe deiepaait.
Billings M@n Charles II Bgaail1,d--Ae
tion OF tort lite plaiHtid alleged ald Offered
10 prove tat The defendant, by meai,s OF false
Representations concerning tie ability and
credit Of one Charles Mann, Induced the plain
iitt to endorse noes sIgnea by the said Charles
Mana, which tlfJ defendant received and used
loa his,own benefit. Whereupon plaintiff ar
piled that the leading intent of the defendant
was 10 Csain an advantage to hmsplf-to
obtain the plaintiffs signature 20 be used ior
his own pfa6t-an not to nhtsin any credit,
for Charles Mann; and that ihcIefofe the ease
was NOT within Rev Stat, c. n, 5. 3, aud tIe
false representations need not be in writng
according to .Heddtay Z. Watson, q Met. 246.
But held, that the object of the Representa-
tiOns was in the first instance to INDUCE the
that the benefit which the deendanl proposed
to secure to himself was the result of theksreuit
thus gwen; that the case could not well be
distinguished IRON that which wuud have
arisen ii defendant had made tile repfesenta
tions to induce plaintiff 70 nd Char.css Mann
the money 70 enabis Ais1 20 py i uOte Oh
which defendant was liable, tue tact thai the
use OF tie mouey was directly profitable TO the
! AZ