D'Arcy v. Mooshkin
Massachusetts Supreme Judicial Court
Writ op entry, dated February 13, 1899, under Pub. Sts. c. 161, §§ 66, 67, 128, for certain real estate numbered 73 on Allen Street in Boston, attached by the demandant in an action against Morris and Bernard Silberstein, the Silbersteins having conveyed the premises through their respective wives to the tenant who was the mother-in-law of one of them.
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Writ op entry, dated February 13, 1899, under Pub. Sts. c. 161, §§ 66, 67, 128, for certain real estate numbered 73 on Allen Street in Boston, attached by the demandant in an action against Morris and Bernard Silberstein, the Silbersteins having conveyed the premises through their respective wives to the tenant who was the mother-in-law of one of them. At the trial in the Superior Court before Sherman, J., the jury returned a verdict for the demandant; and the tenant alleged exceptions.
1Opinion of the CourtKnowlton, C. J.
The question in this case is whether the title of the demandant, founded pn his attachment of the property on a writ against Morris Silberstein and Bernard Silberstein, while it stood in the name of the tenant, is good as against the tenant and her grantees. It was attached as having been conveyed to her in fraud of the creditors of the defendants in that suit. Previously it had stood in the names of the wives of the defendants, and the evidence tended strongly to show that their title was fraudulent as against their husbands’ creditors. They made the conveyance to the tenant, who was the…
2Cases cited2 opinions
- Hunting v. DownerMassachusetts Supreme Judicial Court · 1890
- McMahon v. O'ConnorMassachusetts Supreme Judicial Court · 1884
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- Killam v. Wellesley & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1913
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