Parker v. Proctor
Massachusetts Supreme Judicial Court
Entry sur disseisin. The demandant counts upon his own se:sm within thirty years, and upon a disseisin by the tenants. The said Ebenezer disclaims all title to the demanded premises. The plaintiff replies, that the said Ebenezer, on, &c., entered into the demanded premises, claiming a freehold, and so continued until the purchase of the writ; which is traversed, and issue joined thereon.
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Entry sur disseisin. The demandant counts upon his own se:sm within thirty years, and upon a disseisin by the tenants. The said Ebenezer disclaims all title to the demanded premises. The plaintiff replies, that the said Ebenezer, on, &c., entered into the demanded premises, claiming a freehold, and so continued until the purchase of the writ; which is traversed, and issue joined thereon. The demandant and the other tenant, Henry Proctor, agree in a case stated for the opinion of the Court, containing the following facts, viz.: — The said Ebenezer, father of the said Henry, conveyed the…
1Opinion of the Court
Lawrence.
The question in this case is, whether the deed from Ebenezer to Henry Proctor is to be considered fraudulent as against the demandant. At common law, a fraudulent conveyance could only be avoided by him who had a prior interest or claim. (2) The demandant is not a purchaser within the intent of the statutes, but a creditor only. ' Purchaser, in the construction of the statutes, has always been taken in its popular sense, and not technically as including every mode of acquiring an estate, except by descent. (3)
The recognizance in this case has no such effect, in creating a lien on the…
2Cases cited2 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Lawrence v. DaleNew York Court of Chancery · 1817
3Cited by9 opinions
- Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
- Chapin v. PeaseSupreme Court of Connecticut · 1834
- Bennett v. President of the Bedford BankMassachusetts Supreme Judicial Court · 1814
- Benton v. JonesSupreme Court of Connecticut · 1830
- Owen v. DixonSupreme Court of Connecticut · 1846
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