Farnsworth v. Childs
Massachusetts Supreme Judicial Court
In this action, which was trespass quare clausum fregit, and which w_as tried before the Chief Justice at the adjourned sittings after the last October term, a verdict was taken for the plaintiff by consent subject to the opinion of the Court, upon the following case, viz.: — “That on the 11th of June, 1805, John Farnsworth, being seised in fee of the close in which, &c., bona fide, and for a valuable consideration, by his deed then executed, conveyed the same to the…
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In this action, which was trespass quare clausum fregit, and which w_as tried before the Chief Justice at the adjourned sittings after the last October term, a verdict was taken for the plaintiff by consent subject to the opinion of the Court, upon the following case, viz.: — “That on the 11th of June, 1805, John Farnsworth, being seised in fee of the close in which, &c., bona fide, and for a valuable consideration, by his deed then executed, conveyed the same to the plaintiff for the term of his life; that on the 13th of the same June, the said John requested James Brazer, a justice of the…
1Opinion of the CourtParsons, C. J.
Upon this case, the plaintiff moves for judgment upon the verdict, because one of the judgment creditors of the grantor well knew, before the execution was levied, that the close had been conveyed to the plaintiff, and the levy was therefore fraudulent, notwithstanding the plaintiff’s neglect to record his deed. On the other side, the defendant moves to set aside the verdict, because there was no evidence that James Brazer, the justice, ever knew what lands were conveyed by the deed, his attention having been wholly confined to the tenure created by it, whether it was or was not created by…
2Cases cited5 opinions
- Marshall v. FiskMassachusetts Supreme Judicial Court · 1809
- State of Connecticut v. BradishMassachusetts Supreme Judicial Court · 1817
- Prescott v. HeardMassachusetts Supreme Judicial Court · 1813
- Davis v. BluntMassachusetts Supreme Judicial Court · 1810
- Brown v. President of the Maine BankMassachusetts Supreme Judicial Court · 1814
3Cited by22 opinions
- Killam v. MarchMassachusetts Supreme Judicial Court · 1944
- Musgrove v. BonserOregon Supreme Court · 1874
- Prescott v. HeardMassachusetts Supreme Judicial Court · 1813
- Wenz v. PasteneMassachusetts Supreme Judicial Court · 1911
- Norcross v. WidgeryMassachusetts Supreme Judicial Court · 1807
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