Foster v. Hall
Massachusetts Supreme Judicial Court
Writ of entry, wherein the demandant counts upon her own seisin within thirty years and a disseisin hy the tenants. The cause was tried before Shaw C. J. By his report it appeared, that the demandant claimed under a deed from her brother Nehemiah Foster, dated August, 30, 1827, in common form, with warranty, for the consideration of $ 854-68. The grantor was in failing circumstances at that time. If this deed was valid, the demandant was entitled to recover.
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Writ of entry, wherein the demandant counts upon her own seisin within thirty years and a disseisin hy the tenants. The cause was tried before Shaw C. J. By his report it appeared, that the demandant claimed under a deed from her brother Nehemiah Foster, dated August, 30, 1827, in common form, with warranty, for the consideration of $ 854-68. The grantor was in failing circumstances at that time. If this deed was valid, the demandant was entitled to recover. The tenants claimed in the character of creditors of the grantor, and by virtue of levies of several executions against him upon the…
1Opinion of the Court
Shaw C. J.
afterwards drew up the opinion of the Court. Several exceptions were taken at the trial, to the decisions of the judge who tried the cause, which being presented by the report, are now for the consideration of the Court.
1. That upon proof of the execution and delivery of the deed, by the demandant, it was ruled that, although the same testimony, which proved the execution and delivery of the deed, proved that the grantor was in failing circumstances, still that the burden of proof was upon the tenants, to impeach the deed for want or inadequacy of consideration, or otherwise, and to…
2Cases cited13 opinions
- Chirac v. ReinickerSupreme Court of the United States · 1826
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- Parker v. CarterSupreme Court of Virginia · 1814
- Beltzhoover v. BlackstockSupreme Court of Pennsylvania · 1834
- Jackson ex dem. Haverly v. FrenchNew York Supreme Court · 1829
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3Cited by10 opinions
- Radiant Burners, Inc., an Illinois Corporation v. American Gas Association, Peoples Gas Light and Coke CompanyCourt of Appeals for the Seventh Circuit · 1963
- State v. MinerSupreme Court of Vermont · 1969
- Hannon v. StateCourt of Criminal Appeals of Alabama · 1972
- Thomas v. HerringSupreme Court of Pennsylvania · 1914
- Russell v. FrankSupreme Court of Missouri · 1941
5 more not listed; retrieve them via the Exa API.