O'Donnell v. Hall
Massachusetts Supreme Judicial Court
Writ op entry to recover possession of a farm in Southampton. At the trial in the Superior Court, before Barker, J., the contention on the part of the demandant was that the farm was conveyed to the tenant in fraud of Gilbert M. Hall, who was a creditor of his sons, George W. Hall and her husband, Leander C. Hall.
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Writ op entry to recover possession of a farm in Southampton. At the trial in the Superior Court, before Barker, J., the contention on the part of the demandant was that the farm was conveyed to the tenant in fraud of Gilbert M. Hall, who was a creditor of his sons, George W. Hall and her husband, Leander C. Hall. There was evidence that George and Leander became the owners of the farm in 1884, as tenants in common; that Leander and his wife occupied the farm as a home, George living with them some of the time; that on February 17, 1888, Gilbert made a demand through an attorney upon his sons…
1Opinion of the CourtAllen, J.
The demandant’s exceptions to the exclusion of evidence must be overruled. The general rule is, that the acts and declarations of a grantor in a deed, after its delivery, are not admissible to impeach the title which it purports to convey. Holbrook v. Holbrook, 113 Mass. 74. Lincoln v. Wilbur, 125 Mass. 249. Shores v. Hooper, 153 Mass. 228. In the present case there was nothing to show that either Stannard or the tenant knew of the inquiries and statements made by Leander at the registry of deeds, or of his appearance and manner while there. The ground upon which the admissibility of evidence…
2Cases cited4 opinions
- Shores v. HooperMassachusetts Supreme Judicial Court · 1891
- Holbrook v. HolbrookMassachusetts Supreme Judicial Court · 1873
- Plimpton v. GoodellMassachusetts Supreme Judicial Court · 1887
- Lincoln v. WilburMassachusetts Supreme Judicial Court · 1878
3Cited by5 opinions
- Witherington v. EldredgeMassachusetts Supreme Judicial Court · 1928
- Hughes v. WilliamsMassachusetts Supreme Judicial Court · 1914
- Flannagan v. KeefeMassachusetts Supreme Judicial Court · 1924
- The Thornley Supply Co. Inc. v. MadiganSupreme Court of Rhode Island · 1927
- O'Donnell v. HallMassachusetts Supreme Judicial Court · 1892