McConihe v. Sawyer
Superior Court of New Hampshire
Writ of entry, for several tracts of land in Merrimack, in this county. Plea, the general issue. The demanded premises consisted of one piece of land, containing twelve acres, and three other pieces of land adjoining each other. It appeared that on the 5th day of July, 1828, one Samuel Sawyer was seized of the twelve acre piece.
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Writ of entry, for several tracts of land in Merrimack, in this county. Plea, the general issue. The demanded premises consisted of one piece of land, containing twelve acres, and three other pieces of land adjoining each other. It appeared that on the 5th day of July, 1828, one Samuel Sawyer was seized of the twelve acre piece. He also occupied the other tracts, in right of his wife, to whom they had been assigned as her dower in the estate o"f her former husband, Jonathan Hay, excepting two parts thereof, which lay between the tracts thus assigned as dower, and belonged to other persons. On…
1Opinion of the CourtGilchrist, J.
The case finds that the demandant offered evidence tending to prove that the conveyances from Sawyer to the tenant were made with the view of delaying and defrauding creditors; and that the court instructed the jury, that if they were made without consideration, and with this view, they were void as to the demandant, although his debt accrued subsequent to their execution.
The counsel for the tenant objects, that they cannot be considered void merely because there is evidence tending to show fraud, but that there should be direct proof of the fraud. As to this point, it is admitted that fraud…
2Cases cited5 opinions
- Lawrence v. BarkerNew York Supreme Court · 1830
- Barber v. RootMassachusetts Supreme Judicial Court · 1813
- Roberts v. WhitingMassachusetts Supreme Judicial Court · 1819
- Smith v. LowellSuperior Court of New Hampshire · 1832
- Paul v. CrookerSuperior Court of New Hampshire · 1836
3Cited by7 opinions
- Foss v. StraffordSuperior Court of New Hampshire · 1852
- Kendall v. FittsSuperior Court of New Hampshire · 1850
- Whipple v. StevensSuperior Court of New Hampshire · 1850
- Chandler v. WalkerSuperior Court of New Hampshire · 1850
- Gove v. LawrenceSuperior Court of New Hampshire · 1853
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