Legal Opinion

Livermore v. Boutelle

Massachusetts Supreme Judicial Court

Decided October 15, 1858PublishedCited by 5 opinions

Writs of entry to recover lands in Fitchburg. At the Mai before Merrick, J. there was evidence of the following facts : On the 4th of December 1855 Charles Livermore, then the husband of the demandant, executed and delivered quitclaim deeds of the demanded premises, in which the demandant did not join, to Boutelle, the tenant in the first action, from whom Tenney, the tenant in the second action, derived his title.

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Writs of entry to recover lands in Fitchburg. At the Mai before Merrick, J. there was evidence of the following facts : On the 4th of December 1855 Charles Livermore, then the husband of the demandant, executed and delivered quitclaim deeds of the demanded premises, in which the demandant did not join, to Boutelle, the tenant in the first action, from whom Tenney, the tenant in the second action, derived his title. Upon a libel of divorce filed by the demandant against her husband, for his adultery committed before the 4th of December 1855, all his real estate in this county, including the…

1Opinion of the CourtThomas, J.

1. The first question presented in this cause is whether the plaintiff is within the protection of the St. of 13 Eliz. c. 5, so that the conveyance by her husband, alleged to be fraudulent, is void as against her. This statute was for “ the avoiding and abolishing of feigned, covinous and fraudulent feoffments, gifts, grants, alienations, conveyances, bonds, suits, judgments and executions, devised and contrived of malice, fraud, covin, collusion or guile, to the end, purpose and intent to delay, hinder or defraud creditors and others of their just and lawful actions, suits, debts, accounts,…

2Cases cited1 opinion

  1. Newton v. WestCourt of Appeals of Kentucky · 1860

3Cited by5 opinions

  1. Enthoven v. EnthovenNew York Supreme Court · 1938
  2. Twell v. TwellMontana Supreme Court · 1886
  3. Matthews v. SchusheimNew York Supreme Court · 1962
  4. In Re MarianoUnited States Bankruptcy Court, D. Massachusetts · 2004
  5. Herman v. HermanAppellate Division of the Supreme Court of the State of New York · 1921

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