Draper v. Jackson
Massachusetts Supreme Judicial Court
This was an action of trover, to recover damages for the alleged conversion of a promissory note and mortgage deed, described in the declaration; and it was submitted to the determina ion of the Court, upon the following facts agreed by the parties. On the 13th of June, 1810, one Caleb Wheaton died intestate, seised and possessed of real and personal estate, leaving the said Polly, then the wife of Samuel Davis, the plaintiff’s intestate, his sister and only heir at law.
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This was an action of trover, to recover damages for the alleged conversion of a promissory note and mortgage deed, described in the declaration; and it was submitted to the determina ion of the Court, upon the following facts agreed by the parties. On the 13th of June, 1810, one Caleb Wheaton died intestate, seised and possessed of real and personal estate, leaving the said Polly, then the wife of Samuel Davis, the plaintiff’s intestate, his sister and only heir at law. On the 2d of August, 1810, the said Polly Davis conveyed to one J. K. Coolidge 208 acres of land, lying in township No. 4,…
1Opinion of the CourtJackson, J.
The question is, whether a note and [ *482 ] * mortgage made to a man and his wife shall, in case she survives him, go to his administrator or his widow. In considering this question, we except the case of a voluntary gift by the husband to his wife ; as when he advances his own money or other property, and takes for it a note or bond to himself and his *399wife. This, like every other voluntary conveyance, would, without doubt, be void as against the creditors of the husband. But when no such fact appears, and especially when, as in the present case, the contrary appears, the law seems to require…
2Cited by41 opinions
- Pineo v. WhiteMassachusetts Supreme Judicial Court · 1946
- Sanford v. . SanfordNew York Court of Appeals · 1871
- Shaw v. HearseyMassachusetts Supreme Judicial Court · 1809
- Union & Mercantile Trust Co. v. HudsonSupreme Court of Arkansas · 1921
- Boland v. McKowenMassachusetts Supreme Judicial Court · 1905
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