182 Mass. 302 | Mass. | 1902
This is a bill to reach and apply the proceeds of a judgment recovered by the defendant Mansfield to the payment of a debt alleged to be due to the plaintiff for use and occupation. The bill was dismissed by the Chief Justice of the Superior Court, and the facts found by him were reported under the statute, substantially as follows: The defendant hired of the plaintiff an entire house by a paroi lease, and took possession. At the time, the attic was locked and contained goods belonging to the plaintiff. The defendant did not find this out at first, but when he did he asked for the key and the use of the attic but never got it while he occupied the house. The judge found that there was a partial eviction and dismissed the bill, seemingly on this ground and the further one that the equitable process given by R. L. c. 159, § 3, cl. 7, to reach and apply certain property “inpayment of a debt,” would not be available upon a claim for an unascertained amount for use and occupation. The question is whether the facts found show the decree to have been wrong.
The distinction taken by Taylor, Landl. & Ten. (8th ed.)
Decree affirmed.