Page:Federal Reporter, 1st Series, Volume 10.djvu/228

 216 f£D£:BAL BBPOBI£B. �BuBGESs V. Geaffam and others. {Circuit Court, D. Massachusetts. January 23, 1882. ) �L EqUITT— RiGHT OF JUDGMKNT DbbTOR TO RedEEM. �"Where the statuts of a state gives a judgmeat crediter power to sell unen- cumbered estates, (St. Mass. 1874, c. 188,) and no notice is required to be gi ven to thedebtor unless he is found within .the county, and the debtor resides in a distant city, a court of equity will permit an amendment to the complainant's bill for relief, if the facts authorize a redemption, though the period for re- demption has passed. �2. Same — Want of Notice— Relief from Mischances. �Where the piaintiff had no actual notice of the sale of the land under execu- tion, and could have had none, except by some accident, and the land was sold for about one-flftieth part of its value, equity will relieve, although through some failuire of notice, not imputable to the defendant nor to the complainant, the complainant has lost her estate. Courts of equity were instituted to relieye from such mischances. �3. Same — Purchaseb with Notice. �Where a party bought an estate two or three days after a bill was flled for about one-fourth of its value, the deed not containing the true date nor the true price, and he had a written agreement with his vendor regulating their respective rights in case of litigation with plaiutili, he is a puruhaser with notice. �In Equity. Bill for relief. �This bill, brought by Christine J. Burgess, of Providence, Ehode Island, against sundry citizens of Massachusetts, charged that the defendants Graffam and Newhall severally obtained judgments against her, in Massachusetts, upon pretended debts not justly due them, of $28 and $30, respectively, with costs; and that they and the attorney and deputy sheriff, and the other defendants, couspired to deprive her of a house and land in Melrose, used by her as a resi- dence in summer, and worth $10,000, with no eneunibrance upon it; that they carried out the conspiracy by selling the said estate, upon the executions, to the judgment creditors themselves, for $73.10 and $81.21, respectively, without notice to her, and by keeping the sales from her knowledge until the year had expired which the statute allows for redeeming lands sold on execution; that Newhall then sold out to Graffam, who, with certain of the other defendants, took forcible possession of the house, and removed and converted furni- ture and other personal property, worth $3,000, and committed other trespasses ; that the complainant had offered to pay to Graffam the amount for which the property had been Bold upon the execu- tions, with reasonable costs and charges, but that he had refused to ��� �