Ricker v. Ham
Massachusetts Supreme Judicial Court
Trespass against the defendants, for breaking and entering the plaintiff’s close, &c. The defendants pleaded not guilty as to the force and arms, &c., and, as to the residue of the supposed trespass, that the locus in quo was the proper soil and freehold, of the said William Ham; whereupon issue was joined.
Read the full summary
Trespass against the defendants, for breaking and entering the plaintiff’s close, &c. The defendants pleaded not guilty as to the force and arms, &c., and, as to the residue of the supposed trespass, that the locus in quo was the proper soil and freehold, of the said William Ham; whereupon issue was joined. At the trial of these issues, which was had at Alfred, October term, 1815, before Wilde, J., the plaintiff read, in evidence, a deed of the land in question, from Ezekiel Gowen, one of the defendants, to him, dated January 1, 1810, but actually executed, acknowledged, and recorded, on the…
1Opinion of the CourtParker, C. J.
Ezekiel Gowen having been the acknowledged owner of the land in dispute until January, 1810, when his deed to the plaintiff was executed, that deed conveyed his title to the plaintiff as against the grantor *122and every other person, unless it was fraudulent at the time of its execution; in which case, it was void against creditors and subsequent purchasers.
The facts reported show that the deed was fraudulent; so that Leighton acquired a good title by the levy of his execution, to satisfy a judgment he had obtained against Gowen, the fraudulent grantor. By that levy the estate of Ricker was…
Also in this document: Per curiam.
2Cases cited1 opinion
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
3Cited by12 opinions
- Wyman v. BrownSupreme Judicial Court of Maine · 1863
- Bennett v. President of the Bedford BankMassachusetts Supreme Judicial Court · 1814
- Gardner v. ColeSupreme Court of Iowa · 1866
- Corprew v. ArthurSupreme Court of Alabama · 1849
- Jones v. LightSupreme Judicial Court of Maine · 1894
7 more not listed; retrieve them via the Exa API.