Draper v. Buggee
Massachusetts Supreme Judicial Court
Writ oe entry to recover a parcel of land in Easthampton. Plea, nul disseisin. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: The demandant claimed title under an execution deed, dated October 4, 1880, based upon a judgment against one Robert Buggee, husband of the tenant.
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Writ oe entry to recover a parcel of land in Easthampton. Plea, nul disseisin. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: The demandant claimed title under an execution deed, dated October 4, 1880, based upon a judgment against one Robert Buggee, husband of the tenant. There was evidence tending to show that the premises were conveyed to Buggee in 1864; that Buggee the same year mortgaged said premises to one Sawyer, for $300; that in 1865 Buggee mortgaged said premises to the Easthampton Rubber Thread Company, for $650, for…
1Opinion of the CourtField, J.
Whatever may be the law in regard to voluntary conveyances to others, a conveyance made on the meritorious consideration of blood or affection to a child, or as a settlement to a wife, is not per se fraudulent and void as to existing creditors. Whether it is so depends upon the circumstances of the case and the actual or presumed intent of the grantor. Winchester v. Charter, 12 Allen, 606, and 102 Mass. 272. Lerow v. Wilmarth, 9 Allen, 382. Thacher v. Phinney, 7 Allen, 146.
A conveyance made by a husband through a third person to a wife, on a consideration of money received from the wife,…
2Cases cited3 opinions
- Atlantic National Bank v. TavenerMassachusetts Supreme Judicial Court · 1881
- Bancroft v. CurtisMassachusetts Supreme Judicial Court · 1871
- Winchester v. CharterMassachusetts Supreme Judicial Court · 1869
3Cited by3 opinions
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1912
- Cook v. HolbrookMassachusetts Supreme Judicial Court · 1888
- Clark v. McMahonMassachusetts Supreme Judicial Court · 1898