Legal Opinion

Winchester v. Charter

Massachusetts Supreme Judicial Court

Decided September 15, 1869PublishedCited by 6 opinions

Writ of entry by the assignee of the estate of Daniel Charter in insolvency, to recover land in Springfield. Plea, nul disseisin. At the trial in the superior court, before Tose, J., the demandant proved a title in Daniel Charter to the demanded premises, put- in evidence the assignment in insolvency, and rested his case.

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Writ of entry by the assignee of the estate of Daniel Charter in insolvency, to recover land in Springfield. Plea, nul disseisin. At the trial in the superior court, before Tose, J., the demandant proved a title in Daniel Charter to the demanded premises, put- in evidence the assignment in insolvency, and rested his case. The tenants claimed under a deed of the premises from Henry Kennedy to Mrs. Charter, executed January 25, 1861, which they put in evidence together with a deed thereof by Daniel Charter to Kennedy, executed August 2, 1860. The demandant then, contesting the conveyances as in…

1Opinion of the Court

Colt, J.*

It d^s not distinctly appear, from this bill of exceptions, whether tH conveyance from Charter to Kennedy was contested as fraudu1 mt against both existing and subsequent creditors, or only as against one of these classes. And it is not material which it was because general instructions were given as to what would rend ir the conveyance fraudulent as to both, which were not exceptf d to.

The instruction aske 1 for in the first clause of the plaintiff’s request was substantially given by the court. That which was added seems necessar - in order to define what is meant by the words “…

2Cases cited1 opinion

  1. Winchester v. CharterMassachusetts Supreme Judicial Court · 1867

3Cited by6 opinions

  1. Woodard v. WoodardMassachusetts Supreme Judicial Court · 1913
  2. Davis v. YongeSupreme Court of Arkansas · 1905
  3. Perea v. Colorado National BankNew Mexico Supreme Court · 1891
  4. Pratt v. CurtisDistrict Court, D. Massachusetts · 1871
  5. Draper v. BuggeeMassachusetts Supreme Judicial Court · 1882

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