Clement v. Brooks
Superior Court of New Hampshire
Writ of Entry, to recover a tract of land in Landalf, in this county. At the trial upon the general issue, the demandants proved that they had caused an execution in their favor against Levi Brooks, one of the tenants, to he extended upon the premises, as his property.
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Writ of Entry, to recover a tract of land in Landalf, in this county. At the trial upon the general issue, the demandants proved that they had caused an execution in their favor against Levi Brooks, one of the tenants, to he extended upon the premises, as his property. The tenants proved that, before the extent of the execution, Levi Brooks conveyed the premises to Timothy Brooks, the other tenant, and a question was made whether the deed were fraudulent as to the creditors of Levi Brooks. There was evidence on the part of the demandants that, in the absence of Levi Brooks, his wife,…
1Opinion of the CourtGilchrist, J.
Levi Brooks has no title to the demanded premises against the demandants; and if the action were against him alone, the demandants would be entitled to judgment against him. But the action is against Timothy Brooks also ; and if he should maintain his defence, the demandants could not have judgment against either, because they could not have any possession. George vs. Sargent, 12 N. H. Rep. 313.
It then becomes material to inquire, whether the conveyance from Levi to Timothy were fraudulent as to the demand-ants, who were creditors of Levi. Now, there is no doubt that the demandants might have…
2Cases cited8 opinions
- Dudley v. ButlerSuperior Court of New Hampshire · 1839
- Bean v. QuimbySuperior Court of New Hampshire · 1829
- Chase v. BlodgettSuperior Court of New Hampshire · 1838
- Davis v. SandersSuperior Court of New Hampshire · 1840
- Jewett v. StevensSuperior Court of New Hampshire · 1832
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3Cited by1 opinion
- Swamscot Machine Co. v. WalkerSuperior Court of New Hampshire · 1851