Hill v. Payson
Massachusetts Supreme Judicial Court
This was an action of ejectment for a house in Boston. The facts were as follows: E. Welsh, being indebted to sundry persons, and wishing to secure his estate from attachment, conveyed the house in dispute to Waldron, without a valuable * consideration. Waldron, afterwards meeting with mis- [ * 560 ] fortunes, conveyed the house to Tyler, in trust for Welsh.
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This was an action of ejectment for a house in Boston. The facts were as follows: E. Welsh, being indebted to sundry persons, and wishing to secure his estate from attachment, conveyed the house in dispute to Waldron, without a valuable * consideration. Waldron, afterwards meeting with mis- [ * 560 ] fortunes, conveyed the house to Tyler, in trust for Welsh. Before this conveyance, and while it was apparently „ Waldron’s, Hill, the plaintiff, a creditor of Waldron, attached the house and had his execution extended upon it. The defendants claim under a creditor of Welsh, who had also extended…
1Opinion of the Court
In order to prove that the deed to Waldron was fraudulent and without consideration, Waldron was offered as a witness. His competency was questioned on the ground of the case of Walton and *488Shelly, in which it had been held that no party to a security should oe permitted by his testimony to invalidate it.
But the Court overruled the objection on the ground that of late years objections to the competency of witnesses had been much narrowed ; and courts of law had been disposed to admit witnesses to be heard, leaving all the objections to be applied to their credibility ; that the common law…
2Cases cited1 opinion
- Parsons v. WellesMassachusetts Supreme Judicial Court · 1821
3Cited by12 opinions
- Edwards v.Farmers' Fire Insurance & Loan Co.New York Supreme Court · 1839
- Bryan v. KalesSupreme Court of the United States · 1896
- Taylor v. LutherU.S. Circuit Court for the District of Rhode Island · 1835
- Perre v. CastroCalifornia Supreme Court · 1860
- Smith v. Hubbs Administrator of HubbsSupreme Judicial Court of Maine · 1833
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