Joseph McKenna

“ The contention that one in possession of property is barred from exercising the rights which that ownership confers on the owner, by not having brought an action, is groundless. Under these circumstances we have not found it necessary to choose between the opinion in Dushane v. Beall, supra, and the decision in Rock v. Dennett, supra.' The cases referred to are antagonistic in their construction of § 5057. In Rock v. Dennett, it was held that the limitations expressed by that section applied to adverse claims arising after the assignment in respect to property vested in the assignee. ”

“ Under these provisions the contention of plaintiff in error is, that, notwithstanding the bankruptcy and the broad language of the sections referred to, Sweetser had an interest in the trust fund that could be assigned or attached, and in such way a title could be acquired good against all the world except the assignees, and good against the assignees by their inaction within the time prescribed by § 5057 or by their abandonment. ”

“ The supreme judicial court met this contention by the effect of the local law. The court said:
'The title of the assignees in bankruptcy became complete on the assignment to them of this interest in remainder. In this commonwealth notice to the trustees is not necessary to complete the title of an assignee of an interest in the property held in trust by them. Thayer v. Daniels, 113 Mass. 129, and cases there cited. See also Putnam v. Story, 132 Mass. 205; Butterfield v. Reed, 160 Mass. 362, 35 N. E. 1128. ”