Spring v. Hight
Supreme Judicial Court of Maine
This was a bill in equity, brought by Seth Spring, and was heard on bill, answer and proof. After the answer was made, the proof taken, and an argument thereon, Seth Spring died, and the heirs at law did not come in until the Judges who had heard the argument, had gone out of office without coming to a decision.
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This was a bill in equity, brought by Seth Spring, and was heard on bill, answer and proof. After the answer was made, the proof taken, and an argument thereon, Seth Spring died, and the heirs at law did not come in until the Judges who had heard the argument, had gone out of office without coming to a decision. The case was again argued at the April Term, 1843. The bill asserted that the plaintiff, bargained with one Adams for a tenement; that he requested E. Hight, one of the defendants, to become surely for him for the purchase money; that he did so; that. Adams, on August. 19, 1831,…
1Opinion of the Court
The opinion of the Court, Sheteeí J. not sitting in the case, was drawn up by
Whitman C. J.
— The answer of the defendant, Elisha Hight, if true, is sufficient to bar the plaintiffs’ right to prevail in this suit. That a husband, when creditors will not thereby be defrauded, may voluntarily, and without pecuniary consideration, convey a portion of his estate in trust for the benefit of, and by way of advancement, to his wife, there can be no doubt. And if he thinks proper to pay for an estate, and to direct the conveyance of it to be made to her, in the absence of any intention, manifested at…
2Cited by1 opinion
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