Day v. Cooley
Massachusetts Supreme Judicial Court
Writ of entry, dated February 18, 1874, to recover a parcel of land in Springfield. Plea, nul disseisin. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions in substance as follows : The demandants contended that the premises were fraudulently conveyed to the tenant by his father, Edward Cooley, on May 20, 1872, and claimed title under a deed from a deputy sheriff, upon a sale of the premises at auction, by virtue of an execution issued upon…
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Writ of entry, dated February 18, 1874, to recover a parcel of land in Springfield. Plea, nul disseisin. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions in substance as follows : The demandants contended that the premises were fraudulently conveyed to the tenant by his father, Edward Cooley, on May 20, 1872, and claimed title under a deed from a deputy sheriff, upon a sale of the premises at auction, by virtue of an execution issued upon a judgment recovered by them against Edward Cooley, at October term 1873, of the Superior Court, in a suit in which the…
1Opinion of the CourtMorton, J.
The court is of opinion that none of the exceptions taken by the tenant can be sustained.
1. The main issue in the case was whether the premises were fraudulently conveyed by Edward Cooley to the tenant. The demandants called said Edward Cooley as a witness, and he testified in substance that he had no fraudulent intent or purpose in making the conveyance to the tenant. This evidence was relevant and material. If the witness had been introduced by the other party it clearly would have been competent for the demandants to impeach his credit by showing that he had made contradictory statements…
2Cases cited2 opinions
- Ryerson v. Inhabitants of AbingtonMassachusetts Supreme Judicial Court · 1869
- Wadsworth v. WilliamsMassachusetts Supreme Judicial Court · 1868
3Cited by17 opinions
- Horn v. StateWyoming Supreme Court · 1903
- Dewey v. . MoyerNew York Court of Appeals · 1878
- Driggs & Co.'s Bank v. NorwoodSupreme Court of Arkansas · 1887
- McDonald v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1904
- Bassett v. McKennaSupreme Court of Connecticut · 1885
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