Elwell v. Hinckley
Massachusetts Supreme Judicial Court
Writ of entry, dated May 21, 1888, to recover a parcel of land in Belcher town. Plea, nul disseisin. At the trial in the Superior Court, before Rockwell, J., the jury returned a verdict for the demandant; and the tenant alleged exceptions, which appear in the opinion.
1Opinion of the CourtDevens, J.
1. The inquiry which the tenant presents, alike by his exception to the admission of evidence that Mark Hinckley held the place adversely to the tenant, and by his request for the ruling which was refused, is whether, when two persons, one of whom is entitled to a conveyance of real estate, cause such conveyance to be made to the other in order that thereby the creditors of the former may be defrauded, a title by adverse possession may be gained by the debtor (he being without means *226to pay his debts during the possession) against the grantee, who had been thus invested with the title.
The…
2Cited by5 opinions
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