Clark v. McMahon
Massachusetts Supreme Judicial Court
Writ of entry, to recover possession of a parcel of land in Clinton. Plea nul disseisin. Trial in the Superior Court, before Bishop, J., who reported the case for the determination of this court, in substance as follows. About a month before the marriage of the tenants, Mary F. McMahon and Simon McMahon, which took place on June 23, 1894, they entered into a contract by which she promised to marry him in consideration of his promise to convey to her the land in question.
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Writ of entry, to recover possession of a parcel of land in Clinton. Plea nul disseisin. Trial in the Superior Court, before Bishop, J., who reported the case for the determination of this court, in substance as follows. About a month before the marriage of the tenants, Mary F. McMahon and Simon McMahon, which took place on June 23, 1894, they entered into a contract by which she promised to marry him in consideration of his promise to convey to her the land in question. On June 29, 1894, Simon conveyed it to one O’Grady, who conveyed it to the tenant on the same day. At the time of the…
1Opinion of the CourtMorton, J.
In Deshon v. Wood, 148 Mass. 132, on which the plaintiff strongly relies, the conveyance appears to have been not only voluntary, but to have been made by the husband with intent to defraud his creditors. At least that is the form in which the question is stated in the dissenting opinion, and there seems to have been no objection to that form of statement by the majority of the court. In the present case there is no finding of a fraudulent intent on the part of the husband. The case of Deshon v. Wood is not therefore decisive of this, and we may assume, as that case seems to hold, that if…
2Cases cited3 opinions
- Deshon v. WoodMassachusetts Supreme Judicial Court · 1888
- Cook v. HolbrookMassachusetts Supreme Judicial Court · 1888
- Draper v. BuggeeMassachusetts Supreme Judicial Court · 1882
3Cited by7 opinions
- Matthews v. ThompsonMassachusetts Supreme Judicial Court · 1904
- Jones v. WilliamsSupreme Court of Vermont · 1920
- Shepherd v. ShepherdMassachusetts Supreme Judicial Court · 1907
- Mullins v. RiopelMassachusetts Supreme Judicial Court · 1948
- Peter Bent Brigham Hospital v. McClureMassachusetts Supreme Judicial Court · 1923
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