Sweetser v. Bates
Massachusetts Supreme Judicial Court
Writ of entry to recover a parcel of land in Southampton. Plea, nul diseissin. Trial in the Superior Court before Wilkinson, J., who allowed a bill of exceptions in substance as follows : The demandant claimed title by virtue of a levy of an execution on March 28, 1878, against Stephen Bates and Daniel W. Bates, on their equity of redemption in the demanded premises, the same having been attached on mesne process on October 7, 1872. The demandant put in evidence a deed of…
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Writ of entry to recover a parcel of land in Southampton. Plea, nul diseissin. Trial in the Superior Court before Wilkinson, J., who allowed a bill of exceptions in substance as follows : The demandant claimed title by virtue of a levy of an execution on March 28, 1878, against Stephen Bates and Daniel W. Bates, on their equity of redemption in the demanded premises, the same having been attached on mesne process on October 7, 1872. The demandant put in evidence a deed of the demanded premises from the said Stephen and Daniel W. to William H. Tyler, and a deed from Tyler to Martha M. Bates…
1Opinion of the CourtColt, J.
The mortgage of personal property, which was given some months after the alleged fraudulent conveyance, was not admissible as an act or declaration of the grantor in that conveyance, to impeach the title of the tenant. It had no tendency to show fraudulent participation on the part of the tenant. But the evidence does not appear to have been admitted for that purpose; it was accompanied by lurther evidence that the mortgage then made covered all the property of one of the grantors *468then subject to be taken on execution; it was thus made the means of measuring the amount of his property at that…
2Cases cited2 opinions
- Otis v. HadleyMassachusetts Supreme Judicial Court · 1873
- Kershaw v. WrightMassachusetts Supreme Judicial Court · 1874
3Cited by10 opinions
- Beacon Trust Co. v. WrightMassachusetts Supreme Judicial Court · 1934
- Bouchard v. BouchardMassachusetts Supreme Judicial Court · 1943
- Walsh v. Wyman Lunch Co.Massachusetts Supreme Judicial Court · 1923
- Buhl State Bank v. GlanderIdaho Supreme Court · 1936
- Bliss v. JohnsonMassachusetts Supreme Judicial Court · 1894
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