Bancroft v. Curtis
Massachusetts Supreme Judicial Court
Writ of ENTRY, dated September 29, 1869, to recover real estate in the city of Worcester. Trial in the superior court, before Dewey, J., who reported the following case for the consideration of tliis court; if the demandant was entitled to recover, mdgment to be entered for him, otherwise for the tenant.
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Writ of ENTRY, dated September 29, 1869, to recover real estate in the city of Worcester. Trial in the superior court, before Dewey, J., who reported the following case for the consideration of tliis court; if the demandant was entitled to recover, mdgment to be entered for him, otherwise for the tenant. On July 6, 1866, Walter R. Bigelow conveyed the demanded premises to Richard Curtis., the tenant’s husband, for an agreed price of $2800. Both the tenant and her husband were present, and took part in the negotiation with Bigelow which resulted in the conveyance; and payment of the price was…
1Opinion of the CourtGray, J.
This action cannot be supported upon either of the grounds upon which the demandant relies.
1. If the wife had paid no part of the consideration of the original conveyance to the husband and had had no legal or equitable right in the land, and the subsequent conveyance by him through a third person to her had been made by him, being indebted and having no other property, and without any valuable consideration, it would doubtless have been void as against his existing creditors, and the jury should have been so instructed. Williams v. Thompson, 13 Pick. 298. Peirce v. Thompson, 17 Pick. 391.…
2Cited by14 opinions
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- Snow v. PaineMassachusetts Supreme Judicial Court · 1874
- Skehill v. AbbottMassachusetts Supreme Judicial Court · 1903
- Atlantic National Bank v. TavenerMassachusetts Supreme Judicial Court · 1881
- Ward v. GrantMassachusetts Appeals Court · 1980
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