Whittier v. Varney
Superior Court of New Hampshire
Writ of entry, to recover several tracts of land in Som-ersworth. Plea, the general issue. The lands demanded were formerly the property of George D. Varney, and it appeared in evidence that the plaintiff, on the 28th of April, 1828, attached them on a writ against Isaac Wendell and said George D. Varney; and that, having recovered judgment against Wendell & Varney on the second Tuesday of December, 1834, he, on the 17th of the same month, caused his execution to be extended…
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Writ of entry, to recover several tracts of land in Som-ersworth. Plea, the general issue. The lands demanded were formerly the property of George D. Varney, and it appeared in evidence that the plaintiff, on the 28th of April, 1828, attached them on a writ against Isaac Wendell and said George D. Varney; and that, having recovered judgment against Wendell & Varney on the second Tuesday of December, 1834, he, on the 17th of the same month, caused his execution to be extended on the premises so attached. The plaintiff relied upon this levy as showing a title in himself. The officer’s return,…
1Opinion of the CourtParker, C. J.
The evidence of other fraudulent transfers of property from Geo. D. Yarney, which came into the hands of the defendant soon after, under circumstances indicative of fraudulent collusion between them, was properly admitted. Fraud is usually shown by circumstantial evidence, and often cannot be exposed by direct testimony. Evidence tending to show a fraudulent purpose and intent on the part of G. D. Yarney, and the defendant, about the time of the failure and of the subsequent conveyance of the property in question to the defendant, would render it probable that the conveyance was made under…
2Cases cited14 opinions
- Williams v. AmoryMassachusetts Supreme Judicial Court · 1817
- Gibson v. BaileySuperior Court of New Hampshire · 1838
- Whitman v. TylerMassachusetts Supreme Judicial Court · 1811
- Tyler v. StevensSuperior Court of New Hampshire · 1827
- Prichard v. AtkinsonSuperior Court of New Hampshire · 1826
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Travers v. McElvainIllinois Supreme Court · 1899
- Blake v. WhiteSuperior Court of New Hampshire · 1842
- Rand v. DodgeSuperior Court of New Hampshire · 1845
- Smith v. MooreSuperior Court of New Hampshire · 1845
- Angier v. AshSuperior Court of New Hampshire · 1852
4 more not listed; retrieve them via the Exa API.