Wildridge v. Patterson
Massachusetts Supreme Judicial Court
Debt on a judgment recovered by the plaintiff against William, Patterson, the defendant’s intestate, in his lifetime. The defendant, in her plea in bar, sets forth a representation of insolvency; the appointment of commissioners to receive and examine the claims of creditors ; a return of a list of claims allowed, and, among others, the plaintiff’s; a * decree of insolvency, and a distribution of the whole estate ; — and avers that she has fully administered the same.
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Debt on a judgment recovered by the plaintiff against William, Patterson, the defendant’s intestate, in his lifetime. The defendant, in her plea in bar, sets forth a representation of insolvency; the appointment of commissioners to receive and examine the claims of creditors ; a return of a list of claims allowed, and, among others, the plaintiff’s; a * decree of insolvency, and a distribution of the whole estate ; — and avers that she has fully administered the same. The plaintiff, in his replication, alleges the fraudulent and covin pus sale of certain real estate by the deceased, before…
1Opinion of the CourtParker, C. J.
(After briefly reciting the pleadings.) This state
of the pleadings, admitting the rejoinder to be bad for the special cause of demurrer assigned, brings us to the general question, upon the decision of which the plaintiff’s right of action depends. Taking it to be granted that there is real estate, of which the in testate was colorably disseised by his own covin for the purpose oí *138defrauding his creditors, can the plaintiff maintain the present action, and levy upon that real estate, and thus satisfy the judgment he may recover ?
By the fifth section of the statute of 1805, c. 90, it is…
2Cited by8 opinions
- Putney v. FletcherMassachusetts Supreme Judicial Court · 1889
- Himmelmann v. CofranCalifornia Supreme Court · 1868
- Stone v. PeacockSupreme Judicial Court of Maine · 1853
- Wann v. McNultyIllinois Supreme Court · 1845
- Butler v. RickerSupreme Judicial Court of Maine · 1830
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