Legal Opinion

Tyndale v. Stanwood

Massachusetts Supreme Judicial Court

Decided May 20, 1904PublishedCited by 21 opinions

Writ oe entry, dated October 15, 1902, under R. L. c. 146, § 17, for a certain parcel of land in Quincy with the buildings thereon, which the plaintiff alleged that he was licensed to sell as administrator of the estate of Isabella S. Whicher, and which he alleged had been fraudulently conveyed by his intestate to the tenant.

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Writ oe entry, dated October 15, 1902, under R. L. c. 146, § 17, for a certain parcel of land in Quincy with the buildings thereon, which the plaintiff alleged that he was licensed to sell as administrator of the estate of Isabella S. Whicher, and which he alleged had been fraudulently conveyed by his intestate to the tenant. At the trial in the Superior Court before Karris, J., the demandant, among other requests, asked the judge to rule as follows : “ An appeal having been taken from the decree of the Probate Court, licensing the sale of the property in question, 4 all proceedings in…

1Opinion of the CourtHammond, J.

This is a writ of entry brought under R. L. c. 146, § 17, by the administrator of the estate of Isabella S. Whicher, lately deceased, to obtain possession of certain land which is alleged to have been fraudulently conveyed to the tenant, and which the demandant declares he has been licensed to sell. The chief question is whether at the time the action was brought there was any operative license to sell.

The facts material to this question may be briefly stated. After prolonged litigation, (see 173 Mass. 517, 176 Mass. 547, 179 Mass. 390,) a claim in favor of a national bank was finally…

2Cases cited10 opinions

  1. Green v. CrapoMassachusetts Supreme Judicial Court · 1902
  2. Gale v. NickersonMassachusetts Supreme Judicial Court · 1887
  3. Cogswell v. DolliverMassachusetts Supreme Judicial Court · 1806
  4. Dorr v. Tremort National BankMassachusetts Supreme Judicial Court · 1880
  5. National Granite Bank v. TyndaleMassachusetts Supreme Judicial Court · 1900

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3Cited by21 opinions

  1. Keljikian v. Star Brewing Co.Massachusetts Supreme Judicial Court · 1939
  2. Dolan v. CommonwealthMassachusetts Supreme Judicial Court · 1939
  3. Commonwealth v. MillenMassachusetts Supreme Judicial Court · 1935
  4. Stone v. DuffyMassachusetts Supreme Judicial Court · 1914
  5. In re LoebMassachusetts Supreme Judicial Court · 1943

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