Rice v. Cunningham
Massachusetts Supreme Judicial Court
Writ of entry, to recover a farm in Lancaster. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions in substance as follows : The farm was alleged to be held by the tenants by a title fraudulent as against the creditors of John Cunningham, the tenants’ father.
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Writ of entry, to recover a farm in Lancaster. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions in substance as follows : The farm was alleged to be held by the tenants by a title fraudulent as against the creditors of John Cunningham, the tenants’ father. The tenants derived their title by deed from the said John Cunningham, bearing date November 28, 1871 The farm was subject to a mortgage, given by John Cunningham, at the time of this conveyance, which mortgage is still outstanding. Some years prior to November, 1871, John Cunningham had been in the habit of…
1Opinion of the CourtAmes, J.
We must infer from this bill of exceptions that the instructions given at the trial upon the general subject of voluntary and fraudulent conveyances were correct. But there is reason to apprehend that when the presiding judge went on to remark upon the subject of a secret trust for the support of the grantor, and to give a definition of such a trust, and to say that it could not be created by a mere personal promise, but must attach itself in some way to the land, an element of uncertainty and confusion was unnecessarily brought into the case, which had a decided tendency to mislead the jury,…
2Cases cited4 opinions
- Lukins v. AirdSupreme Court of the United States · 1867
- Hills v. EliotMassachusetts Supreme Judicial Court · 1815
- Giddings v. SearsMassachusetts Supreme Judicial Court · 1874
- Winchester v. CharterMassachusetts Supreme Judicial Court · 1867
3Cited by10 opinions
- Kerwin v. DonaghyMassachusetts Supreme Judicial Court · 1945
- Jolly v. KyleOregon Supreme Court · 1895
- Rolfe v. ClarkeMassachusetts Supreme Judicial Court · 1916
- Kain v. LarkinAppellate Division of the Supreme Court of the State of New York · 1896
- Smith v. ClarkMassachusetts Supreme Judicial Court · 1922
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